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The Most Hopeless Day of the SCOTUS Term

The Most Hopeless Day of the SCOTUS Term
The Most Hopeless Day of the SCOTUS Term


Mark Joseph Stern: “No single day has better captured the current state of the Supreme Court than Thursday. At 10 a.m., the court issued a devastating assault on the Biden administration’s ability to regulate greenhouse gases in a 6–3 ruling joined by all of the court’s reactionary block. Ten minutes later, it issued a 5–4 opinion that just barely confirmed that the president, rather than a rogue judge in Texas, has authority over border policy, with Chief Justice John Roberts and Justice Brett Kavanaugh lending the lone votes preventing an absolutely insane outcome. Shortly thereafter, the court issued a bombshell orders list that tees up, for next term, one of the most important and dangerous democracy cases in American history, which asks whether state legislatures have near-unlimited authority over election laws.”

“The court’s most immediately lethal decision remains Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. But do not let Dobbs distract from the onslaught that followed it.”

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