Man, Stephen Breyer is an absolute snoozefest to listen to.
Edit: OMG, he thinks that “we don’t just overturn existing case law!” is some kind of compelling argument for the current court. “It would subvert the court’s legitimacy!” “It would lead to condemnation and would prevent the court from serving its role”. I’m sure Gorsuch and Alito will change their minds in response to this devastating argument.
I am considering having my wife disable my internet access, Odysseus style, so that I am unable to listen to Alito’s sure-to-be-insane opinions.
Also, Sotomayor points out that there are lots of legal principles outside of the constitution, and that the Supreme Court is the final word on those principles. Reasonable chance that Alito reflexively votes to overturn Marbury v. Madison.
I don’t know how the liberals just sit there and participate as if they’re having a polite disagreement over which wine to serve with the cheese course. Our entire elite class is asleep at the wheel while patting themselves on the back for civility or whatever. Straight up sleepwalking through our boiling frog march to fascism.
In response to the Coney Barrett question about whether the state’s argument implicates other court-granted rights, like the right to contraception or same sex marriage. Missippi AG claims that Obergefell (same sex marriage) isn’t at risk because there have been no adverse consequences. Lots of people going to be upset about that claim.
You have to get Roberts to get to 5. And if Roberts decides he doesn’t want to overturn Roe, it could influence Kav/Barrett. The justices don’t decide things completely independently, as much as people want you to believe that.
Not sure what you guys are trying to say – it’s super necessary to convince Roberts and put him on the record here.