We have some sensible news out of the Supreme Court today:
The Supreme Court sided with the Biden administration on Monday and cleared the way for border patrol agents to remove razor wire Texas officials installed along a busy stretch of the southern border until the legality of the barriers is resolved in court.
I don't have any strong opinions about exactly what kind of barrier we should have along our southern border. But no matter your own thoughts on this, it seems open and shut that border protection is up to the federal government, not the states. And yet a district court, an appellate court, and four Supreme Court justices disagreed. The Supreme Court's order in the government's favor was a bare 5-4.
So: sensible news, but only barely.
Apparently, in a moment of weakness (or inattention) the reactionary elements in the Republican Party allowed President Bush to slip in a ringer-a conservative in the old style. Truly conservative, in the best sense, not merely a mouthpiece for the Dixiecrats who have taken over the party.
Fortunately for the country, Mr Chief Justice Roberts is still young enough to have a few good years left.
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Yeah well let's see how Justice True Blue Yankee Conservative Roberts votes on the Loper and Relentless cases before we get all misty-eyed. If it goes as it appeared from oral arguments, you're about to see your consumer product safety, your workplace safety, your pharmaceutical safety, hell probably even your automobile and airplane safety rapidly hollowed out. I guess it'd be ok if you're retired and sit at home all day and don't buy anything and don't take anything more than aspirin, but for an awful lot of Americans it's gonna be an accelerating parade of injury and even death with no legal recourse.
Roberts was a concurring vote in Dobbs. He is responsible for Shelby County and for Rucho.
He is scum.
Dobbs resulted in two decisions; Roberts concurred only on the narrow decision concerning the Mississippi statute, dissented on overturning Roe.
True. I don't like Roberts, but he is *not* in the same category as Thomas, Alito, or Barrett.
Yes, the Supreme Court barely upheld a core principle of federalism that is called out explicitly in the Constitution AND that we fought a civil war over.
This outcome is good, no question, but I really don't like the trend ...
I agree that the SC made the right decision, keeping Federal issues in the hands of the Feds and slapping Abbots hand. So the principle has been defended. Question: now that we know that, is there any harm in leaving the wire in place or at least removing it slowly?
Oh none at all, as long as you don't mind the occasional drowned migrant woman and children. And really, as Gov. Abbott has said, properly we should just shoot them, so if instead they drown trapped on barbed wire, no harm no foul amirite?
These principles aren't just theoretical niceties; they have practical implications. That's one reason they're important to defend.
Hmm. I guess I would have to see the actual physical layout before making that decision then
Knowing that women and children have drowned because of this not good enough for you?
. . . .Along with other occasional traversing species, so lowly as to be barely worth consideration.
Physical layout? Concertina wire in the middle of river. Not that hard to comprehend.
They have a description for those who support the drowning and shooting of migrant children: Pro-life.
Ok. I didn’t follow the story close enough to know the wire was in the river. The pictures I saw showed some of it on dry land. If it is indeed in the river, yes remove it.
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The good news is that the Supreme Court ruled against Texas, the bad news is that it was a 5-4 vote.
Really, what kind of partisan hack could side with Texas on this? This should have been an easy 9-0 vote.
This vote is like saying that 5-4 doctors think that drinking a gallon of bleach is not harmful for your health.
Maybe they will tell the court to go to hell. That would be fun.
In my mind the Roberts court tosses out a few "sensible" rulings (indeed they're happy to to do so) to burnish their "reasonableness" cred prior to delivering a body blow to decency (in this case, surely the end of Chevron deference). IOW give a few crumbs before you take away the loaf. This is especially the case when they know damn well the "reasonable" ruling in question might well hurt Democrats, politically (I mean, immigration/border issues are very likely the GOP's single most effective issue, so angering some folks on this issue probably hurts Dems and helps the GOP).
Sadly your last statement is likely correct. Fewer dead migrants —> more pieces on Fox News about the border being “overrun” —> more support for Republicans.
John Roberts is the shrewdest political operative the Republican Party has. That honor used to belong to Mitch McConnell. People like Thomas and Alito are fire-breathing nutjobs. But John Roberts—while he's effectively as conservative as they are on most things—keeps one eye at all times on the electoral cycle, and what's in store for the GOP. That *almost* gives me hope the court will rule against Trump in the 14th amendment matter: taking Trump off the ballot (which will mean he needs to be replaced by someone else) might well help the Republican Party in November.
We shouldnt get too excited about 4 justices being so eager to set aside the Constitution to benefit their political masters. Texas is killing people and 4 justices are pleased with this outcome.