3 ms·
This dissent was one of the worst I've read in some time. While I disagree strongly with Justices Thomas, Alito, and Gorsuch most of the time, they are unquesti
by otterley 2y ago
This dissent was one of the worst I've read in some time. While I disagree strongly with Justices Thomas, Alito, and Gorsuch most of the time, they are unquestionably very capable legal thinkers and writers. So I'm surprised just how terrible this dissent is. (Maybe it's an Alito thing.) Most of it is highly political and barely any of it is hard legal analysis. Even the standing argument they make leans heavily on a single individual plaintiff (Dr. Hines) and they don't even try to defend the standing of the states or other individuals. I have a feeling this dissent was published mainly for show, not because they actually have a defensible minority legal opinion. It's risk-free for them since it has no precedential value.
I'm actually kind of shocked that three members of our highest court wouldn't join the majority in dope-slapping the Fifth Circuit (if not in the body, at least in a footnote) for such shoddy work product. That circuit is packed with morons hand-picked from the Heritage Foundation who arguably have no business practicing law in the first place.
- deleted 2y ago[deleted]