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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAlito gives highly partisan speech that is best argument for court reform
UNROLLED twitter thread:https://threadreaderapp.com/thread/1327055797176692737.html
ORIGINAL twitter thread:
Link to tweet
Alito is delivering the keynote speech at this years Federalist Society convention. Hes using the occasion to defend the group, claiming its members face harassment and retaliation for saying anything that departs from the law school orthodoxy.
Alito attacks the Judicial Conference for attempting to forbid federal judges from being members of the Federalist Society, and praises the conservative judges who successfully fought the ban.
UHHH, Alito seems to be criticizing governors for issuing sweeping restrictions in response to COVID-19. Also criticizes progressives and New Dealers for putting too much faith in scientists and experts.
Alito says this rule by executive fiat is where the law has been going for some timein the direction of government by executive officials who are thought to implement policies by scientific expertise. Suggests this is a dangerous trend.
Whoa, Alito is VERY critical of COVID restrictions and rule by experts.
Then he says: in certain corners, religious liberty is fast becoming a disfavored right.
He condemns the protracted campaign against the Little Sisters of the Poor. Calls it an unrelenting attack.
Alito now condemns Washington State for requiring pharmacies to carry Plan B, which destroys an embryo after fertilization.
He also criticizes the Colorado civil rights commissioner in Masterpiece Cakeshop who said freedom of religion can be used for discrimination.
Alito criticizes Harvard Law Prof. Mark Tushnet for this notorious blog post, and quotes from it extensively. Says its not dark yet but its getting there, quoting Bob Dylan.
Abandoning Defensive Crouch Liberal Constitutionalism
Mark Tushnet --> Several generations of law students and their teachers grew up with federal courts dominated by conservatives....
https://balkin.blogspot.com/2016/05/abandoning-defensive-crouch-liberal.html?m=1
Now Alito is criticizing the Nevada governor for giving casinos a higher COVID attendance cap than churches.
He moves onto criticizing the federal judge who suspended the rule that required people to pick up abortion pills in person.
Yikes. Alito condemns Obergefell, the same-sex marriage decision, and says it has led to censorship of people who believe marriage is a union of one man and one woman. Says freedom of speech is falling out of favor in some circles.
Alito brings up a brief filed with the Supreme Court by five Democratic senators in a gun case warning that the court is becoming too political. He calls the brief an affront to the Constitution and the rule of law. https://www.whitehouse.senate.gov/imo/media/doc/New%20York%20Rifle%20&%20Pistol%20Association%20v.%20New%20York%20(Whitehouse%20amicus%20FINAL).pdf
Without saying the words court-packing, Alito warns about Democratic efforts to bully the court with threats to restructure it. Tells a story about a foreign judge threatened with death if he didnt rule for the government.
Alito is done.
That was easily the most political speech Ive ever seen delivered by a Supreme Court justice. Wow. Same-sex marriage, guns, abortion, contraception, persecution of the Federalist Society ... he really squeezed it all in there. Yikes.
Probably the strangest aspect of Alitos speech, other than his attack on COVID restrictions, was his claim that people who oppose same-sex marriage get called bigots and this somehow threatens freedom of speech. But how?! Public criticism is not censorship! He knows this!
Here is Justice Alito complaining that the Supreme Courts same-sex marriage decision has crushed the free speech of anti-LGBTQ advocates.
Heres Justice Alito complaining about this amicus brief filed by @SenWhitehouse, @SenBlumenthal, @maziehirono, @SenatorDurbin, and @SenGillibrand, and warning of Democrats threats to restructure the Supreme Court.
https://www.whitehouse.senate.gov/imo/media/doc/New%20York%20Rifle%20&%20Pistol%20Association%20v.%20New%20York%20(Whitehouse%20amicus%20FINAL).pdf
And here is Justice Alito defending Masterpiece Cakeshops Jacks Phillips for refusing to bake a cake for a same-sex couple. Alito notes that the couple was offered a free cake elsewhere, then supported by celebrity chefs.
As @danepps pointed out, Alito inadvertently made a very strong argument for court reform this evening.https://slate.com/news-and-politics/2020/11/alito-federalist-society-speech-insane.html
Alito attacks the Judicial Conference for attempting to forbid federal judges from being members of the Federalist Society, and praises the conservative judges who successfully fought the ban.
UHHH, Alito seems to be criticizing governors for issuing sweeping restrictions in response to COVID-19. Also criticizes progressives and New Dealers for putting too much faith in scientists and experts.
Alito says this rule by executive fiat is where the law has been going for some timein the direction of government by executive officials who are thought to implement policies by scientific expertise. Suggests this is a dangerous trend.
Whoa, Alito is VERY critical of COVID restrictions and rule by experts.
Then he says: in certain corners, religious liberty is fast becoming a disfavored right.
He condemns the protracted campaign against the Little Sisters of the Poor. Calls it an unrelenting attack.
Alito now condemns Washington State for requiring pharmacies to carry Plan B, which destroys an embryo after fertilization.
He also criticizes the Colorado civil rights commissioner in Masterpiece Cakeshop who said freedom of religion can be used for discrimination.
Alito criticizes Harvard Law Prof. Mark Tushnet for this notorious blog post, and quotes from it extensively. Says its not dark yet but its getting there, quoting Bob Dylan.
Abandoning Defensive Crouch Liberal Constitutionalism
Mark Tushnet --> Several generations of law students and their teachers grew up with federal courts dominated by conservatives....
https://balkin.blogspot.com/2016/05/abandoning-defensive-crouch-liberal.html?m=1
Now Alito is criticizing the Nevada governor for giving casinos a higher COVID attendance cap than churches.
He moves onto criticizing the federal judge who suspended the rule that required people to pick up abortion pills in person.
Yikes. Alito condemns Obergefell, the same-sex marriage decision, and says it has led to censorship of people who believe marriage is a union of one man and one woman. Says freedom of speech is falling out of favor in some circles.
Alito brings up a brief filed with the Supreme Court by five Democratic senators in a gun case warning that the court is becoming too political. He calls the brief an affront to the Constitution and the rule of law. https://www.whitehouse.senate.gov/imo/media/doc/New%20York%20Rifle%20&%20Pistol%20Association%20v.%20New%20York%20(Whitehouse%20amicus%20FINAL).pdf
Without saying the words court-packing, Alito warns about Democratic efforts to bully the court with threats to restructure it. Tells a story about a foreign judge threatened with death if he didnt rule for the government.
Alito is done.
That was easily the most political speech Ive ever seen delivered by a Supreme Court justice. Wow. Same-sex marriage, guns, abortion, contraception, persecution of the Federalist Society ... he really squeezed it all in there. Yikes.
Probably the strangest aspect of Alitos speech, other than his attack on COVID restrictions, was his claim that people who oppose same-sex marriage get called bigots and this somehow threatens freedom of speech. But how?! Public criticism is not censorship! He knows this!
Here is Justice Alito complaining that the Supreme Courts same-sex marriage decision has crushed the free speech of anti-LGBTQ advocates.
Heres Justice Alito complaining about this amicus brief filed by @SenWhitehouse, @SenBlumenthal, @maziehirono, @SenatorDurbin, and @SenGillibrand, and warning of Democrats threats to restructure the Supreme Court.
https://www.whitehouse.senate.gov/imo/media/doc/New%20York%20Rifle%20&%20Pistol%20Association%20v.%20New%20York%20(Whitehouse%20amicus%20FINAL).pdf
And here is Justice Alito defending Masterpiece Cakeshops Jacks Phillips for refusing to bake a cake for a same-sex couple. Alito notes that the couple was offered a free cake elsewhere, then supported by celebrity chefs.
As @danepps pointed out, Alito inadvertently made a very strong argument for court reform this evening.https://slate.com/news-and-politics/2020/11/alito-federalist-society-speech-insane.html
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Alito gives highly partisan speech that is best argument for court reform (Original Post)
CousinIT
Nov 2020
OP
I think it's odd that Alito prioritizes someone's right to not be called a bigot over someone's...
SKKY
Nov 2020
#1
SKKY
(11,803 posts)1. I think it's odd that Alito prioritizes someone's right to not be called a bigot over someone's...
...right to marry who they want.
BComplex
(8,036 posts)4. Can a supreme court justice be impeached for giving political speeches? Can we impeach him
anyway? Can we give him bad directions and hope he just doesn't make it back?
intheflow
(28,462 posts)5. Rule by executive fiat is not the trend.
Except for people who have completely forgotten that the Revolutionary War was fought precisely against this.