David Kurtz
Getting outraged over Fox News holds little allure these days, but occasionally the network will do something so quintessentially Fox News that you have to sit back and marvel at the layers of mendacity.
Today’s little Fox News gem was a segment on what a huge bummer it is to visit Thomas Jefferson’s Monticello these days, what with all the focus on slavery and what not at what was built as a slave plantation.
A bow-tied, bespectacled guest for the segment was billed hilariously in one chyron as a “recent Monticello visitor.” Turns out there’s a little more to the story.
Read MoreThe term ends.
Stephen Breyer retires.
Ketanji Brown Jackson to be sworn in as his replacement.
But before all that, the last big case TPM cares about will be issued shortly after 10 a.m. ET.
Background on the EPA case here.
Kate’s story on the oral arguments in the EPA case here.
More a little later.
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.
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