I can’t decide whether it’s keyfabe or real. But it is profoundly embarrassing.
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I mean, here's Alito basically saying liberals are a threat to the United States.https://www.nytimes.com/2020/11/13/us/samuel-alito-religious-liberty-free-speech.html …
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All law is exactly the same as a college freshman combing wikipedia for sources that support their already-decided thesis the night before a paper is due
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In this increasingly partisan age, judges are given a vaccine to protect them from partisanship once they are elected/appointed. This protects them from ever needing to worry about their personal feelings interfering with them rigorously practicing the scientific field of law.
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That’s the thinking, but the reality is that judges are human and if the system of values upon with they rest their laurels is changing so fast that it seems to the older folks that it’s bottoming out, I imagine cynicism and hostility is just around the corner in their minds.pic.twitter.com/5BQvP0YaKA
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The idea that any aspect of the law, which is there first and foremost to codify relations of power, could ever be “not political” is wild. And wilder still so many lawyers appear to believe it. (Though I’d say right-wing lawyers only claim to believe it very cynically.)
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Eh, you really have to split The Law into two situations: stuff that's not politically divisive along partisan lines, and stuff that is. The vast majority of cases, the ones that don't get reported on, judges really are just trying not get reversed and have the case come back.
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That said, the handful of cases where courts are and know they're Doing Politics are so serious and, at this point, unsalvageably lacking democratic legitimacy, we need systemic reform, starting at the top.
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The most generous interpretation of this sort of thing is that many lawyers believe the law, like Tinkerbell, requires everyone to believe in it real hard in order to keep existing
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