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Today In Great Dissents


Say it, Justice Ginsburg.

Much more on this travesty imminently. The short version is that Supreme Court has joined the War on Women by combining a “federalist” doctrine that is embarrassing nonsense even by Rehnquist/Roberts Court standards with a denial of Congress’s explicit powers to enforce the Fourteenth Amendment unless it meets some unintelligibly arbitrary standards invented by the Court.

Also, given the Republican reluctance to reauthorize the Violence Against Women Act, it’s worth remembering that another case in which a bare majority of Supreme Court conservatives acted to read Section 5 of the Fourteenth Amendment out of the Constitution involved striking down a part of the Violence Against Women Act and immunizing a gang rapist from a civil suit.

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