Alito misfires in his political broadside against Supreme Court critics

[Yo_Mama_Been_Loggin]

Supreme Court Justice Samuel A. Alito Jr. issued a remarkably forceful rebuke to critics of the Supreme Court on Thursday. He defended the court’s use of the “shadow docket” to make significant decisions favoring conservatives on issues like abortion, and he alleged those critics are attempting to “intimidate” and “damage” the court.

Alito’s broadside echoes the increasing conservative defenses of the practice, in which the court often decides whether to suspend a law before the court can fully review it — generally without explanation or even stating which justices voted how. Recently, the court used the shadow docket to stop President Biden’s extension of the coronavirus evictions moratorium and to allow a highly restrictive Texas law, which effectively bans abortion after six weeks, to go into effect. The left has argued the latter decision significantly undermines Roe v. Wade, without so much as hearing the arguments.

Congressional Democrats have put this practice under scrutiny, including at a Senate hearing this week, as such decisions from an increasingly conservative court have gone against them with greater frequency.

But the defenses offered by Alito and others tend to either ignore or gloss over some key context.

https://www.msn.com/en-us/news/politics/alito-misfires-in-his-political-broadside-against-supreme-court-critics/ar-AAP2QlC

[NQAS]

1. I know this isn't going to happen

But that Trump lawyer's plan for the insurrection included an expected Alito response to various things being filed on or around January 6. Frankly, I think Alito should be subpoenaed by the Jan 6 committee to be asked about his role in the insurrection.

[Kid Berwyn]

2. Alito was US Attorney in New Jersey when Trump hit Atlantic City.

What Mafia? Later as a federal judge, served on the Third Circuit Court, the same bench as Trump’s sister, Maryanne Trump Barry.

From before his confirmation to SCROTUS:

Know your BFEE: Alito is just another word for Mussolini

https://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=266685

[Baitball Blogger]

3. Which one of you hurt Alito's feelings?

[LetMyPeopleVote]

4. Alito defends letting Texas abortion law take effect, says Supreme Court critics want to intimidate

Alito's opinions have been partisan and not philosophical unless his philosophy is that women have no rights over their bodies and non-white people do not need to vote

Link to tweet

The state’s new law prohibits abortions after six weeks of gestation — months earlier than allowed by the constitutional standards the Supreme Court has endorsed. The law employs a unique system of enforcement by which members of the public can bring civil actions against those who aid and abet the prohibited abortions.

Alito highlighted a recent opinion piece that said the court’s conservative majority was so eager to overturn Roe v. Wade that it didn’t wait for a case from Mississippi to be argued Dec. 1, which presents squarely the issue of whether to overturn the nearly 50-year-old precedent.

“Put aside the false and inflammatory claim that we nullified Roe v. Wade,” Alito said. “We did no such thing. And we said that expressly in our order.”,,,,

He did not address that the criticism has come from his colleagues as well.

Justice Elena Kagan became the first justice to use the phrase when she dissented in the Texas case.

The majority “barely bothers to explain its conclusion — that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail,” she wrote, joined by Justices Stephen G. Breyer and Sonia Sotomayor.

“In all these ways, the majority’s decision is emblematic of too much of this Court’s shadow-docket decision-making — which every day becomes more unreasoned, inconsistent, and impossible to defend.”

In dissent in the eviction moratorium case, Breyer said the conservative majority should not have summarily concluded the CDC lacked authority to impose such restrictions.