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As we say often... there's no sugar coating this one. Alito and Thomas shouted their pathetic homophobia from the bench in a concurrence recently. What was the ruling, you ask? No ruling. It was a concurrence on a denial of cert for a case involving - wait for it - Kim Davis. Yes, that Kim Davis. The case was so stupid that not even Alito and Thomas could get behind it, but they went out of their way to yell the quiet part as loudly as they could. Andrew has the full breakdown of what happened. Oh, uh, apropos of nothing... WE NEED TO WIN THE PRESIDENCY AND THE SENATE BACK.

In happier news, Naomi Andrews is here to tell us all about the Access for All Conference Andrew will be speaking in! (Use code: openargs)

Links: Obergefell, Kim Davis's Idiot Case, Zablocki v. Redhail (1978).

Appearances

Thomas was on the Cognitive Dissonance Livestream about the VP debate. Check it out!

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Comments

Anonymous

meznor, while we're regurgitating bad ideas, why not give prohibition and the war on drugs another try?

Anonymous

I suppose you haven't been watching the total rubber stamping farce that is the Amy Coney Barrett confirmation hearing (similar to the Kavanaugh farce, and the impeachment "trial" farce wherein an entire party in your political system refused to hear any actual evidence and let a criminal, not just impeachable, president continue doing the criminal, impeachable things he's done for the entire time he's been running as a candidate), or the coronavirus epidemic that has disproportionately affected a country that should be wealthy enough to prevent the hundreds of thousands of deaths you've collectively endures, or the climate change denialism that is burning California to the ground, or the racial inequality that led to months of protests that have triggered authoritarian tendencies by the corrupt AG and justice department, or... Or.... (I dunno is that enough?)

Anonymous

Have you noticed that dems take steps to correct the excesses of republicans, then republicans use those powers against dems when they're in power?

Anonymous

I am not a dem; I'm observing your country and the many systemic flaws that have led to a corrupt, criminal enterprise currently devastating the institutions that have, until the start of this century, allowed many american residents (but definitely not fairly or equitably) to live in a free society. If the Dems take back full control / power (and that's still an if), I'm simply saying they need to use those levers of power to fix a lot of broken things. Since this is a legal podcast, focusing on the legal side, one of those levers of power is to fix what is clearly a rigged supreme court. If that means rebalancing the number of judges who will undo several human and citizen rights (LGBTQ+, women's health), then that's what they should do. That is just a very small step, because then, with the levers of power, they should strengthen several previously understood norms, like the appointment of people in political positions who are utterly unqualified for the job, or violations of the Hatch act, or using foreign/illegal means to gain power (emoluments rules clearly mean nothing), or the ability for a single party with a majority to completely delay essential legislation and funding that only end up hurting people. I'm saying that with elections come consequences, and Dems should use every lever the GOP has been perverting for decades to create a so-called "more perfect union," because from an outside observer like me, you've reached a tipping point wherein the country and its institutions are breaking before our eyes, and there will be no way to come back from it if relatively extreme steps are not taken under a Biden presidency.