Catching up on Cases

My general policy is to read each Supreme Court decision the day it comes out. Alas, publication deadlines have prevented me from reading all of the cases decided since June 21. Randy and I are finalizing the second edition of An Introduction to Constitutional Law. We have added several cases--recent and old. But the most difficult additions are Bruen and Dobbs. Our publisher had set a deadline of July 5 for both chapters. Thankfully, the Court released both cases earlier than expected, so we had a few extra days. On the flip side, they totaled more than 300 pages! Much of our time has been spent on distilling both cases down to chapters for the book. Both chapters are now submitted, and are going through the editing process. The book should go to press in August, and will be published in November. We are also preparing an illustrated version of the book--stay tuned for more details.

Now that those deadlines are out of the way, I can return to reviewing the other cases. On my agenda are Carson v. Makin, Vega v. Tekoh, Berger v. NAACP, Kennedy v. Bremerton School District, Torres v. Texas DPS, West Virginia v. EPA, and Biden v. Texas. I will blog observations about each case as I make my way through.

Comments

[LawTalkingGuy]

Great job, asshole.

https://www.dispatch.com/story/news/2022/07/01/ohio-girl-10-among-patients-going-indiana-abortion/7788415001/

[Sarcastr0]

The key to Blackman is to turn your switch entirely to ironic mockery.

He gloats about loathsome shit, but undercuts it by being a clown while doing it.

There are actual powerful and insidious people worth your anger - plenty of them. No need to spend it here.

[Mr. Bumble]

...and yet here you are.

[Rev. Arthur L. Kirkland]

I enjoy mocking right-wing bigots for sport.

Take their current misreading of the Dead Clinger Bounce at the Supreme Court, for example.

These rubes are genuinely stupid enough to believe -- or maybe it's the belief in the power of silly prayers -- that they are going to prevail in the culture war. That Dobbs will last a substantial fraction of the time that Roe did. That gun nuts are not going to be stomped into submission by their betters. That the right-wingery published at this white, male, obsolete blog is part of the American mainstream.

The Dead Clinger Bounce. It's aggravating to some degree, but it is going to make the eventual dancing on conservatives' political graves that much sweeter.

(It stings the clingers even worse when a Black woman is involved.)

[LawTalkingGuy]

Meh. This is the only place I post. Lots of FedSoc types read this stuff. So I’ll vent here. About how they’re depraved assholes.

[Rev. Arthur L. Kirkland]

Obsolete, ready-for-replacement, superstitious, bigoted, unpopular, gullible, antisocial assholes.

The best kind for replacement, in my judgment.

[DaivdBehar]

Rev. I guess when the libs have the tiniest setback, they do not take it well. They attack people. They get verklempt. They are big babies.

[Frank Drackman]

So you'll be killing yourself tonite??
are you able to live-stream it from https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

Frank "Can I have your Commodore 64?"

[Life of Brian]

Frank "Can I have your Commodore 64?"

Artie actually strikes me as more of a VIC-20 sort of person. Under-powered and over-hyped.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Hmmmm ..... choices ....

You could open discussions which might change minds ...

You could vent your spleen for shits and giggles ....

I bet Confucius say "He who vents spleen for nothing does not believe in his own arguments."

[LawTalkingGuy]

There’s no discussion to be had. To describe the scenario is to condemn it. People who countenance this result in law or policy are objectively pro-child torture. Aka assholes. It needs no further exegesis.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

AKA Stalin. Or Mao, Hitler, but Mussolini is probably too petty a tyrant to interest you.

[LawTalkingGuy]

Yes. People who would countenance the physical and emotional torture of a ten year old girl and give her abuser permanent power over her are certainly similar to the monsters you listed. Glad you agree.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Torture, good grief you guys are over the top. Have you never wondered why the Supreme Court ended up with so many conservative justices, or how Trump got elected? Keep digging your own hole, it's good for the rest of us.

[LawTalkingGuy]

Over the top??!?! Seriously?? Do you have ANY fucking clue how difficult a pregnancy carried to term will be on the body of a ten year old? Do you have earthly any idea of the physical and emotional toll that will take on them? Do you understand how dangerous that is? And this is just the physical aspect of pregnancy and birth, before we get into the life time trauma of being a forced mother at age TEN.

Jesus Christ you are absolutely unbelievable. It’s like you’ve never encountered a pregnant person or a child in your entire adult life (although based on this comment it’s probably better that you stay away from both groups).

HTF would you feel if after you got raped at age 10, you were forced to let your organs be moved around inside you, your ribs broken, your energy sapped, your daily bodily functions messed with, and then have your orifices torn up at the end of that? Wouldn’t you call that physical torture?!

Jesus you people are fucking depraved.

[Rev. Arthur L. Kirkland]

They're bigots. They're superstitious rubes. They're belligerently ignorant, antisocial, often on-the-spectrum jerks. Half-educated culture war casualties.

And they are the Volokh Conspirators' (and Federalist Society's) people.

[Rev. Arthur L. Kirkland]

" You could open discussions which might change minds ... "

One can't reason with superstition.

One can't reason with bigotry.

One can't reason with belligerent ignorance.

It is pointless to try, perhaps even counterproductive. The thing to do with bigoted, superstitious, ignorant losers is to defeat them -- make them culturally and politically irrelevant and powerless, until replacement occurs.

Until replacement, mocking and disparaging them is fine sport.

[GKHoffman]

Please tell our betters to hurry up and take over. They are way too slow! Are they even paying attention? This running the world thing is too time consuming. I'd much rather go out for a beer.

For planning purposes, can you give us a firm date when we ignorant losers will be able to get out from under this crushing burden?

[DaivdBehar]

Did all of you vote for the Democrat Party?

[MoreCurious]

Sadly, this is only the beginning. I hope it's not a ten-year-old relative of yours who gets pregnant, Blackman. What are you going to say to her?

[DaivdBehar]

If a 10 year old relative became pregnant, I would do a careful root cause analysis. Then I would beat the ass of the father. If he did it to someone else, I would torture him and kill him. To deter.

[Frank Drackman]

Wasn't this a "Dexter" episode???

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Gee, what would anyone else do? Say, drive to a nearby state where it's legal? Wow, that's a tough one.

If the only medical care for some disease is to be had at the Mayo Clinic, would you whine that it wasn't available nearby, or would you drive or fly there?

[MoreCurious]

Pregnancy is not a disease. And I'm still waiting for Blackman (or anyone) to explain what he would say to the 10-year-old.

[Frank Drackman]

how about "Who Fucked You?"
OK, probably not needed with todays technology, PCR, DNA,
but would like an eye-witness ID before going all "Dexter" on the miscreant
and umm, the Mississippi law didn't apply to killing babies before 15 weeks,
so she'd be cool, suck that unwanted potential human life out of her snatch,
Now, what about the 99.9999999999999999% of Abortions that aren't 10 yr olds?

Frank "Exception proves people are Idiots"

[LawTalkingGuy]

And when that’s not an option? What then?

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I wonder what you two clowns and all your hoplophobe crowd would say to all the people who couldn't defend themselves if you got your way and made guns available only to criminals.

I wonder what you and your Biden-loving crowd say to all the people hurt by inflation.

Your victims have no options, unlike your ten year old girl who has plenty of options.

[LawTalkingGuy]

Did you just compare a pregnant child rape victim to people experiencing inflation?!!!! There are literally no words to describe how fucking sick and twisted you are. Objectively pro-rapist and pro-child-abuse. There’s no other explanation. The fuck is wrong with you?

[MoreCurious]

You're hitting a level of depravity that is unusually extreme, even for this blog. You've got a big mouth, but I'm betting you won't answer the question I presented earlier, namely, if that 10-year-old girl was related to you, what would you say to her? What words of comfort would you have to offer her? How would you explain to her that the hateful legislators in her state have decided that she must give birth to her rapist's child?

[David Nieporent]

Well, for one thing, I probably wouldn't use the phrase "her rapist's child." The child doesn't belong to the rapist, and one would hope the rapist would never be allowed to have anything whatsoever to do with the child.

[MoreCurious]

Afraid to answer the question, I see.

[Martinned]

Can't wait for your insights!

[Frank Drackman]

So what's the Problem?

[Rev. Arthur L. Kirkland]

I had a law professor who would read every Supreme Court case the moment it was available to him.

That guy had no social life, either.

[Rev. Arthur L. Kirkland]

That guy had no life outside his academic career and the Federalist Society, so far as anyone could determine, for at least 50 years. No children, in particular. There's a trend I can support.

[hobie]

Until things started getting a little hairy this year, Blackman regularly bragged about his bona fides with Heritage (Eastman) and other groups now tied to the coup. I'd hate to think he participated.

[bernard11]

No sensible coup plotter would bring Blackman into the scheme.

[Life of Brian]

This is a bit rich, after being treated to months of "it doesn't matter how impossible their supposed plot was -- they should still be beheaded for attempted sedition."

[bernard11]

Ineptitude is no excuse.

An incompetent, failed, attempt at bank robbery is still a failed attempt at bank robbery.

[Frank Drackman]

Don't get it, I thought they were "Feet from taking over the Capitol, Hanging Mike Pence, Drinking (Fancy) Nancy's Patron Extra Anejo Lalique Limited Edition.
and only one killed is an unarmed USAF Veteran (Female, unlike the newest Surpreme I can tell) shot by a cowardly Federal Officer (what else can you call it, seen the photo, he could have been shooting at Sleepy Joe for all he knew)
Somehow I missed the protests, indictment, trial, sentencing,
Oh, it served it's purpose, I won't be storming the Capitol anytime soon, I won't have to.
It'll be stormed the old fashioned way, at the ballot box like it was in 0-16, (and 0-20, except for all the bullshit with voting by mail (and in person) ballot harvesting, and even it it was all on the up and up, Fulton Co GA (Atlanta) hasn't had an honest election since they had a White Mayor (i.e 50 years ago)
how about Intimidation of a Federal Officer/Judge??? There should be a law against that!!!!!!!!

Frank "Slow and Steady wins the Race"

[Life of Brian]

Ineptitude is no excuse.

Which consumes your first point. Which was my point.

One of these days you're going to have to declare a major.

[Frank Drackman]

Oh, I did,
it's "Having Sex with your Wife"
and I don't care if she's Dead/Comatose/Quadriplegic (sort of a turn-on actually)
So what's your "Major"
I mean besides "Asshole"

Frank "No Offense"

[hobie]

You're drunk again, Frank

[Frank Drackman]

and in 8 hrs I'll be sober, and not bad looking for 2 days shy of 60. You'll still be stupid and ugly.
Have you considered drinking? (your wife has)

Frank

[Rev. Arthur L. Kirkland]

Maybe the reason for Prof. Volokh's conspicuous silence recently has been that he volunteered to counsel his friends and allies John Eastman and Jeffrey Bossert Clark with respect to the un-American conduct?

Nah . . . more likely, its just more partisanship and conservative cowardice.

[DaivdBehar]

Rev. What law school did you attend. I see zero evidence of an ort of a hint of any legal training in your remarks.

[hobie]

I've got good news for you, Blackman. I just learned that tribal nations across the country are rushing to install clinics in their territories (including Texas). The next casinos, so to speak. And there ain't a damned thing anyone can do about it.

[Life of Brian]

And there ain't a damned thing anyone can do about it.

Ackshully, we can do exactly the same thing we did that caused the reservations to be formed in the first place.

Oops.

[hobie]

Trail of tears II?

[DaivdBehar]

Clever idea. I like it.

The Indians failed to control illegal immigration. We should learn from them.

[hobie]

They can reduce the white man's numbers considerably with this scheme

[Frank Drackman]

Well, the Native Amuricans were here first,
they had "Reservations"

Frank "How"

[David Nieporent]

? Did you not pay attention to Castro-Huerta? States can enforce their criminal laws on Indian reservations, as long as a non-Indian is involved.

[hobie]

Gambling is illegal in Texas. Yet the white man goes to the tribes to gamble

[Nisiiko]

New York just thumbed its nose at SCOTUS' ruling in Bruen.

https://www.nysenate.gov/legislation/bills/2021/s51001

[hobie]

Fantastic.

[Dan Schiavetta]

New Yorkers, through their elected representatives, know best how to protect “the security of a free state” (to use a phrase from the now-erased part of the Second Amendment).

[hobie]

Read the statute. It's basically thumbing the nose at the law and saying we can limit guns (abortions) in any way we please. This should make the huckleberries here quite happy

[Rev. Arthur L. Kirkland]

With this workload, how will Prof. Blackman find time for date?

[hobie]

There are plenty of women in Houston that will do anything for a nickel. I live here, so trust me. Down in the DUI tank I hear Blackman mentioned all the time. In other words, Blackman will spawn eventually

[Rev. Arthur L. Kirkland]

I see this as a line even Texas women would not cross. Maybe it is just optimism and hope for humanity.

Heidi Cruz, though, maybe looking for just about any off-ramp at this point. Who could blame her?

[Frank Drackman]

Dates, you know your Dance Card's filled up (not the only thang that's "filled up" (Nome Sane?)
at ttps://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

and C'mon (Man!) did JoePa ever say "umm, Jerry, the Alumni are asking, why are you fucking players up the ass?"

Inquiring minds want to know,

Frank "Penn State fan (like the Helmets"

[Frank Drackman]

and it probably would have been a Sleepy voter, so I'm conflicted, Out, Out, Black Fetus!
Hmm, been awhile since I had to call on Med School Embryology (most docs don't treat many embryos)
actually 6 weeks is close to a Shrimp, uummm some Garlic, Gumbo,
Shrimp!!!! I like Shrimp, not 6 week Old baby Humans!
And Watch Yew Be Fishin' Fo, Queen-ee?? Compliments??
Used to fish (when I was 8, and adults made me) got bit by fire ants, stung by yellow jackets, bit by a dog, I pass a Captain D's and get panic attacks,

Frank "Friday?? I''ll have a the pulled pork sandwich"

[GKHoffman]

Tell your state legislature to pass a "Make Up Your Mind, Dammit" Act and allow unrestricted abortion for 12 weeks.