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Steve L's avatar

A small point: Justice Alito’s citation to Kagan, at least, involves criticism of an Alito vote to take no action, rather than a vote to grant preliminary relief. His dissent strikes me as rather intemperate lashing out at critics, which unfortunately seems to be an increasingly common tone for him, even when he prevails.

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Jim Bensman's avatar

I don't want to let Alito and Thomas off that easy. They both voted to throw us out in Summers and my declaration was exponentially better than the doctors. This should have been 9-0 on standing.

I would also point out the problem with corrupt judges is more than you let on. Look at Summers. Scalia had an objective to throw us out. When the facts did not support Scalia's desired outcome, he rewrote the facts. Here is a link to my first declaration. https://drive.google.com/file/d/10fZ-YLJCGKUENbzN-8CN8H3IjwRkrV-b/view?usp=sharing Look at Paragraph 14. It had what was required and Scalia, Alito and Thomas all ignored it. Here is a link to my second declaration. https://drive.google.com/file/d/10hxi8gTWjQg11lPuQCl5y75C9N4cWafl/view?usp=sharing It without question has what was required. Scalia pretended it did not exist so he could throw us out. Every judge or Justice I have experienced this with was a Republican.

I like your suggestion about random assignment everywhere. But I do not see the Courts doing it on their own. But the Republicans are the ones who packed the courts. The proposal is to unpack them. First Rs stole a nomination from Obama, they would not even consider Garland. Then Trump, who lost by millions of votes, appointed 3 extremists with an agenda to overturn Roe. Senators representing the vast majority of Americans voted against them. How is this not tyranny? Democracy did not give us a packed Supreme Court. Politics did. So politics of increasing the size of the court to get a court that reflects America instead of extremists in the Federalist Society is a reasonable option.

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