Home / General / The shadow docket knows

The shadow docket knows

Above: the text of the Platonic Ideal of a Federalist Society legal opinion, in its entirety

Amy Coney Barrett, one of the country’s most powerful partisan hacks, gave another one of the steady stream of protesting-too-much speeches we will keep getting as the Supreme Court remakes the Constitution in the image of the most recent platform of the Alabama Republican Party:

Supreme Court Justice Amy Coney Barrett said Monday that judges are not deciding cases to impose a “policy result,” but are making their best effort to determine what the law and the Constitution require.

In a nation splintered by partisanship and wracked by incivility, Barrett in remarks at the Ronald Reagan Presidential Library appeared to acknowledge that expected court decisions on reproductive rights and gun control would be seen through a political lens and lead to division. She urged Americans to “read the opinion” and consider the court’s reasoning before making judgments about the outcome.

“Does (the decision) read like something that was purely results driven and designed to impose the policy preferences of the majority, or does this read like it actually is an honest effort and persuasive effort, even if one you ultimately don’t agree with, to determine what the Constitution and precedent requires?” she asked.

Americans should judge the court — or any federal court — by its reasoning, she said. “Is its reasoning that of a political or legislative body, or is its reasoning judicial?” she asked.

This is a rhetorical question, albeit with a different answer than she thinks. Anyway, you can probably see where this is going:

Remember when the Court effectively overruled one of its most important and most heavily-relied-on precedents with a conclusory one-paragraph opinion issued at midnight on a Wednesday? “Honest” and “persuasive” are somehow not coming to mind here.

Biden will not do this, but he should:

  • Facebook
  • Twitter
  • Google+
  • Linkedin
  • Pinterest
It is main inner container footer text