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In reply to the discussion: Kagan Throws Scalia's Own Religious Liberty Arguments Back In His Face - TPMDC [View all]Prophet 451
(9,796 posts)But teh fact is that Alito, Thomas and Scalia decide their cases purely on the politics. Alito and Thomas then construct a legal figleaf to rationalise it, Scalia doesn't even bother to do that. He doesn't write decisions, he writes rants.
Y'know, from a legal history standpoint, this situation might be unique. I don't know if there's ever been a majority of a Supreme Court who just plain don't give a shit about the law before. Remember what was said about the Bush Whitehouse? That there was no policy apparatus and that things were decided just by reducing everything to black-and-white terms and then steering everything as far right as possible? That's what teh current SCOTUS is doing. They just pick the furthest right option available (or, in the CU case, just plain invent a new one) and then (metaphorically) throw darts at a precedent book until they figure "that'll do".