Thursday, November 26, 2020

Justice Amy Coney Barrett, newest member of the super-legislature...

...delivers for her constituents, i.e., religious conservatives.   This is why she was chosen, it had nothing to do with intelligence or legal competence:  it was so she would exercise her power as a super-legislator on behalf of issues dear to religious conservatives, public health or the general welfare be damned.   Governor Cuomo should declare the Court mistaken, and ignore the ruling. After all, if Justice Ginsburg had not died, this case would have come out the other way, as everyone knows.  Her appointment in Samarra should not change constitutional law, a proposition even conservatives who profess commitment to the rule of law might agree upon.

https://leiterlawschool.typepad.com/leiter/2020/11/amy-.html

Jurisprudence, Of Academic Interest | Permalink