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Panama Red's avatar

Kavanaugh's concurrence in Dobbs smacks of Rehnquist's majority opinion in Bush v. Gore, another "good one time only" ruling -- and also the beginning of the long descent in the Court's reputation and Americans' belief in its legitimacy.

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hw's avatar

I would add a few thoughts...the erosion of trust in the legitimacy of the Court continues to plummet, with no end in sight. The Court has not substituted a new legal standard (the originalist theory is absurd on its face, and would require ignoring every societal and technological change over the past 200+ years), but rather, they have substituted their donors' ideological preferences. There are no restraints on the Court...stare decisis has been discarded, SCOTUS has no judicial ethics to comply with, there are no term limits, there are no penalties for lying to Congress to secure confirmation, there are no consequences for refusing to recuse in the face of blatant conflicts.

My question is what happens when trust in the Court drops to 30% or 20%, which I think we're quickly approaching? Barring a dramatic reform of the Court, including jurisdiction of the cases it can hear, how does the already rickety rule of law fail to collapse in its entirety?

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