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Two riders were approaching and the wind began to howl

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I mentioned in an update to my earlier post that the Supreme Court waited all of two days after the Washington Post story claiming that the Supreme Court was forbidden from overruling precedents based on a change in personnel to overrule a precedent. In his dissent, Breyer tried to spell it out a little more explicitly. But let’s start with Breyer amusingly calling out Thomas’s “orginalism”:

Also, you may be shocked to discover that the majority engages in PENUMBRAS AND EMANATIONS even though every mediocre pundit in America knows that Griswold is the only opinion in the history of jurisprudence to find rights inferred by the structure of the Constitution:

And, finally, I wonder what Breyer might be referring to here?

I am frankly appalled by Breyer’s BLACKMAIL! Look, some women being thrown in jail for having miscarriages seems like a small price to pay to protest the TWO PARTY DUOPOLY! And anyway Republicans don’t really mean what they say or do.

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