From Bruen to Dobbs in Twenty-Four Hours

A whirlwind day.

On Wednesday, June 22, I delivered a Supreme Court roundup to the Arizona Judicial Conference in Tucson. Towards the end of my remarks, I suggested that the new Roberts Court would define itself over the following eight days. Little did I know that it would take far less time.

On Thursday, June 23, 2022, at 10:30 a.m., the Court decided NYS Rifle & Pistol v. Bruen. And on Friday, June 24, 2022, at 10:10 a.m., the Court decided Dobbs v. Jackson Women's Health Organization. These two days were among the most significant moments in the conservative legal movement's history--an inflection point even--and they happened back-to-back.

From my perspective, the past twenty-four hours have been a bit of a roller-coaster. Really, the entire term was a roller-coaster. The Supreme Court "reform" commission. S.B. 8. The shadow docket. Dobbs. NYS Rifle. Maskgate. The Leak. The assassination attempt. And so on. Yet, after all of these twists and turns, the Court held fast and did not falter. I will have an op-ed out shortly that develops some of these points.

Comments

[MoreCurious]

Have you looked in a mirror lately? People might take you more seriously if you get a haircut.

[Noscitur a sociis]

Doubtful, though they could hardly take him any less seriously.

[Rev. Arthur L. Kirkland]

The Federalist Society misfits revere him.

Everyone else mocks him.

[John F. Carr]

Blackman is in demand in the media. Ho loves to talk and write and he generates content quickly. If you want a piece representing the conservative point of view that you can tease with "constitutional law expert says...", he's your man.

[DaivdBehar]

I love how verklempt these Democrats are. I invite them to write a new Judiciary Act.

1) Include the fast tracking of the impeachment of a Justice for their decisions;

2) require Congress formally approve all judicial review and executive regulation, as required by Article I Section 1;

3) move the Supreme Court to Wichita, KS;

4) increase the number of Justices to 500, so it may have the size of a legislature;

5) make the number of Justices an even number, to end these 5-4 decisions.

[Lee Moore]

I would favor increasing the size of the Supreme Court to nine and a half. It would be fun to create the half.

[Snorkle]

Mr. Manager likes his pretty hair.

[Lee Moore]

I'd say he's beginning to look more and more like one of those late 18th century / early 19th century judges, only using his natural hair rather than a wig. Could be a winner in the scramble for judicial slots in the DeSantis administration.

And I agree, even if he can sometimes be a bit annoying, his energy is astonishing. He churns the stuff out at a tremendous rate.

success = ability x work rate x luck

And luck, while it may be luck-luck some of the time, can also be luck-created-by-your-work-rate.

As the great Gary Player said in this memorable exchange with golf journalist Henry Longhurst :

Henry Longhurst (in Lordly brandy-soaked English accent) : "Congratulations on your victory, you played beautifully, and you had a bit of luck with your putter."

Gary Player (in clipped and somewhat peevish South African accent) : "Well, Mr Longhurst. I find the more I practice, the luckier I get."

[Mike Breen]

Actually, he is starting to look like Benjamin Franklin.

[Frank Drackman]

Golf Clap

[Ben_]

Except for the shallow finger-pointing at Thomas, policy is being discussed for a change.

Next week everyone can go back to catering to the feelings of the special people, complaining about politicians' family vacations, hyperventilating about words, pretending to believe in standards in order to attack others for not living up to those standards, mistaking summer for climate, and all manner of dramatic storytelling.

[roger]

Sorry, there are points here to be developed?

[Longtobefree]

I think the point is that the court released the gun rights before they released the baby killing.

[Frank Drackman]

Hard to take him seriously with the Phil Specter hair style.

[Dan Schiavetta]

The camera upshot of his triumphantly smiling face is not flattering. It makes him look like a 50-foot monster who is about to swoop down and eat your children.

[legalizeshrooms]

Like a Grimm fairy tale?

[GreenLanternCorps]

Weird Al, not Phil Spector

[You're not smart]

Another win for us clingers.

[Rev. Arthur L. Kirkland]

For those stupid enough to count wins during the eighth inning (while behind by a bunch of runs to a stronger team), sure . . . another win for the clingers!

[Frank Drackman]

You realize (probably not) you just described the entire Marxist Stream Fake News Media coverage of President Hilary Rodman Clinton's inevitable win in the 2016 erection?
I'm sorry, forgot you were "Indisposed" back then, how's the House Arrest/Restraining order working out for ya?

Frank

[Snorkle]

I think you'll find rather a lot of people are beginning to take the law as seriously as Ginny Thomas does.

Where you are winning is convincing lefties they need guns.

[AmosArch]

Lefties have to drive a little bit longer to get an abortion. What a massive setback.

[Longtobefree]

Be honest, now. They are actually pissed that the court has begun to read that musty old piece of parchment, and even to consider it has meaning.
Gun ruling; if the words are clearly in there, it means what it says. (sort of)
Abortion ruling; if the words are not in there, the feds need to leave it to the states.
THAT is what has their panties in a twist.

[Sarcastr0]

What does the 9th Amendment mean to you? The words are there, and yet...

[Brett Bellmore]

It means that passing the Constitution didn't get rid of already accepted rights. Which abortion wasn't.

[Sarcastr0]

You're still wrong, and not doing originalism right, much less jurisprudence.

But the big issue is Longtobefree has a different thesis from you: 'if the words are not in there, the feds need to leave it to the states.'

He is wrong; you cannot defend him by changing the thesis.

[bernard11]

I'm going to call you and everyone else who's been spouting "leave it to the states."

How long do you think it will be before Republicans introduce a nationwide ban?

[Life of Brian]

How long do you think it will be before Republicans introduce a nationwide ban?

Introduce? Any lone congresscritter can do that.

Build enough critical mass to have a ghost of a chance of passing? Half past never.

[Frank Drackman]

Why would you think we'd want to?? (institute a nationwide ban)
Keep killing your next generation, that's the (only) way we'll take California back from May-He-Co.
As Former CA Governor Ahnold said in Terminator 2,
"It is in your nature to destroy yourselves"

Frank "just became self aware"

[Ben_]

Next February. That will be awesome because then maybe we can get about 7 SCOTUS justices to agree that interstate commerce only means actual interstate commerce and a huge swath of Federal actions over the last 75 years can finally be invalidated.

[bernard11]

a triumph for originalism and sound constitutional law

Not possible.

[SRG]

It is a mistake to analyse Bruen and Dobbs on a jurisprudential basis first. Sure, you can look at the arguments as presented. But the real rationales were that these were battles in culture wars, where the goal was to "beat the libs", which could be done only once the GOP had weaponised the SC.