So I made a comment rather late in today’s APR I felt needed some expansion.
The tacit conclusion by this court is there is no "right to privacy”, thus eviscerating the 4th amendment. By my count/observations:
- The 1st is shredded by Hobby Lobby in a couple of ways. The court also tacitly stated that they fell no compunction to be restricted in their rulings as they might choose to restrict the legislature.
- The 2nd has been elevated to a “super-amendment” using Amy Covid-Barrett's terminology.
- The 3rd has been irrelevant for so long few know what it deals with
- We’ve just seen the 4th abused…
- The current evasion from subpoena's and abuse of the 5th has weakened that amendment
- 6/7th are in peril due to a corrupt judiciary. If the SCOTUS is untrustworthy how trustworthy is the rest of our jurisprudence?
- the 8th has been shit on for years.
- the 9th and 10th are so twisted in interpretation they resemble the originalist “interpretations” that were used this past week.
So basically they have now mocked the entire Bill of Rights.
My view since the leak of the Dobbs draft (wither that investigation “Chief” Justice Roberts?) has been that the Federalist dominated court wants to end the legitimacy and primacy of the Federal Government, and creating a tangle of contradictory case law and rendering Stare Decisis unworkable seems to be their tactic now.
And it seems to be working.
Jamess current diary is discussing the disgusting ahistorical cherry picking that is “originalism”.
I sent this comment by ByTor from the APR to Top Comments.
just too much to document about this intellectually lazy concept that has taken over our most important court.
THERE IS NO REASON TO FRET OVER THE ORIGINAL INTENT WHEN THE CONSTITUTION ALLOWS ITSELF TO BE AMENDED
How hard is that?