David Kurtz
From a longtime reader and top echelon DC lawyer:
Read MoreAgree with what you just wrote. But don’t separate what the Court has done on guns and Roe—and what’s surely coming on affirmative action in the cases already granted for next term and what Justice Thomas is foreshadowing on other constitutional rights—from the Court’s decisions on federal agency authority. And the long series of rulings whittling away at individuals’ ability to obtain relief in court when injured by violations of the Constitution and federal law—rights don’t mean much when there is no remedy for violations.
It’s been rather tidy to encapsulate conservative opposition to Roe as one decision gone way too far that marks a fork in the road of modern jurisprudence.
But Justice Thomas’ concurring opinion in Dobbs today makes clear that the true fork in the road for diehards came at least a decade before Roe, with a series of substantive due process cases that protected the rights to contraception and private sex acts and extended all the way to 2015 with the right to same-sex marriage.
Read MoreLet history show that we knew. We all knew.
From Judge Luttig’s testimony today to the Jan. 6 select committee:
Read MoreToday, almost two years after that fateful day in January 2021 … Donald Trump and his allies and supporters are a clear and present danger to American democracy. That’s not because of what happened on January 6th. It’s because to this very day the former president, his allies and supporters pledge that in the presidential election of 2024 if the former president or his anointed successor as the Republican Party presidential candidate were to lose that election that they would attempt to overturn that 2024 election in the same way they attempted to overturn the 2020 election but succeed in 2024 where they failed in 2020.