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elleng

(131,077 posts)
Thu Dec 16, 2021, 03:20 PM Dec 2021

The Supreme Court, Weaponized by Linda Greenhouse

When the Supreme Court overturned a 41-year precedent three years ago and ruled that public employees have a right under the First Amendment’s free speech guarantee not to pay union dues, Justice Elena Kagan accused the 5-to-4 majority of “weaponizing the First Amendment” to serve its anti-labor agenda.

Her powerful dissenting opinion in Janus v. American Federation of State, County and Municipal Employees helped propel the “weaponizing” image into circulation as an apt description of how the court’s conservatives were hijacking the First Amendment and converting it into a tool of deregulation.

Now it’s the Supreme Court itself that has been weaponized.

With the accuracy of a drone strike, the three justices appointed by President Donald Trump and strong-armed through to confirmation by Senator Mitch McConnell, then the majority leader, are doing exactly what they were sent to the court to do.

The resulting path of destruction of settled precedent and long-established norms is breathtaking. Despite the increasingly plaintive reminders by Chief Justice John Roberts that, as he wrote in dissent in the Texas abortion case last week, “it is the role of the Supreme Court in our constitutional system that is at stake,” the new majority has refused to defend the supremacy of federal law in the face of open defiance by Texas. The court’s acquiescence has left that state’s abortion clinics all but shuttered for months, with pregnant women fleeing to seek care in numbers that are destabilizing the abortion infrastructure in states hundreds of miles from the Texas border.'>>>

https://www.nytimes.com/2021/12/16/opinion/supreme-court-trump.html

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