Shocking SCOTUS Opinion Shows It's Time To Expand The Court

By Susie Madrak — September 2, 2021

Trump's conservative Supreme Court majority is so arrogant, they don't even bother to go through the motions of hearing testimony or writing full opinions. That's how they essentially overturned Roe v. Wade this week: Sneakily, in the middle of the night.

The minority, joined by John Roberts, dissents:

I can think of no more vital, principled or essential voice in the US today than that of Sonia Sotomayor.

And for those of you who said Hillary & Trump were just the same or who chose a third party, you own this too. I share the undisguised outrage of the dissenting Justices. https://t.co/8G14205z3P

— David Rothkopf (@djrothkopf) September 2, 2021

In a separate dissenting opinion, Justice Kagan brings the same energy as Sotomayor: "Without full briefing or argument, and after less than 72 hours’ thought, this Court greenlights the operation of
Texas’s patently unconstitutional law banning most abortions" pic.twitter.com/gZ291288xq

— Lawrence Hurley (@lawrencehurley) September 2, 2021

Justice Kagan is done with the shadow docket: ".... the majority’s decision is emblematic of too much of this Court’s shadow docket decisionmaking—which every day becomes more unreasoned, inconsistent, and impossible to defend."

— Lawrence Hurley (@lawrencehurley) September 2, 2021

This Texas law was written in a way to try and evade pre-enforcement challenge so that the state could enforce a measure that is clearly unconstitutional. The Supreme Court knows this and has nevertheless allowed the law to go into effect

— Lawrence Hurley (@lawrencehurley) September 2, 2021

SCOTUS has just ruled 5-4 in the Texas abortion case that it can’t enjoin that law because it uses private citizens as bounty hunters to punish those who violate it, instead of letting state gov’t enforce its laws. Apparently, the GOP has a new map for violating your rights. https://t.co/ft0LAkB6iZ

— Joyce Alene (@JoyceWhiteVance) September 2, 2021

If the Democrats in Washington want to actually, you know, DO something to fight back against the dark money forces that have subverted SCOTUS & approved the #TexasAbortionBan, figure out #WhoOwnsKavanaugh.

It's both popular w/Dem voters AND the right thing to do. https://t.co/LYn84ZB2gl

— Greg Olear (@gregolear) September 2, 2021

In a blistering dissent, Justice Sonia Sotomayor slammed conservative justices for opting to "bury their heads in the sand" when faced with a "flagrantly unconstitutional law." https://t.co/cpjlK24HMn

— Common Dreams (@commondreams) September 2, 2021

The Supreme Court’s argument is that it can’t block the Texas law, because the Supreme Court can’t figure out what the Supreme Court’s precedents say,

If only there were some adjudicative body that has the power to interpret Supreme Court precedents! pic.twitter.com/9fjL8e359S

— Ian Millhiser (@imillhiser) September 2, 2021

This is exactly right. The same Court that got itself to bed early last night rushed to issue stays when the Trump Admin. or a free exercise of religion plaintiff asked. https://t.co/exLXeFdHFG

— Christopher Sprigman (@CJSprigman) September 1, 2021

Call or write your senators. It's time to do something. Because if we don't, no matter what legislation we pass, the SCOTUS conservatives will use any fig leaf, however small, to overturn it.