butters
High on a Hill
- Joined
- Jul 2, 2009
- Posts
- 84,451
https://www.msn.com/en-us/news/poli...pc=U531&cvid=e269bdec57234dc598e85542847aca02
a longer article, worth the read for those with a normally-functioning brain
a longer article, worth the read for those with a normally-functioning brain
The conservative justices have repeatedly changed the court’s own rules to carve religious exemptions into law. They have exploited the shadow docket to skip over full briefing and oral argument, sometimes acting before a lower court even issues a decision. The Becket lawyers evidently assumed that they could secure this special treatment for their client, too.
Alito wanted to seize on this case to establish new precedent handing educational institutions a newfound religious right to discriminate, and he was willing to overlook Yeshiva’s own legal mistakes to do it.
Why did Roberts and Kavanaugh draw the line here? Presumably they could not bring themselves to sanction such an egregious abuse of the shadow docket. The chief justice has, to his credit, already expressed dismay over the ultraconservative majority’s freewheeling use of emergency orders to reshape the law. Kavanaugh is the surprise here: He’s usually part of the problem, but cast the key vote to stop his colleagues from indulging Becket’s extravagant demands.