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Equal sovereign dignitude in the shadows


The Supreme Court prevented a Texas law censoring tech companies in the most flagrant violation of the First Amendment imaginable from going into effect. This made Highly Pincipled critic of the Court using the shadow docket to prevent states from enacting their preferred policies Sam Alito very unhappy:

But the most ridiculous part of Alito’s dissent was his complaint that halting H.B. 20 constituted “a significant intrusion on state sovereignty.” Texas, the justice groused, “should not be required to seek preclearance from the federal courts before its laws go into effect.” Oh, really? As my colleague Steve Vladeck noted, Alito has voted to halt state laws before they take effect at least 10 times on the shadow docket. The difference? Those states—California, New York, and Maine—all have Democratic trifectas. It seems the justice believes that states deserve more respect from federal courts when they are controlled by Republicans.

The equal sovereign dignitude of the states is not entirely equal!

Nobody has done more to vindicate critical legal studies than the judges trying to demonize it.

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