June 27, 2022

THE LEFTY JUSTICES THINK IT’S BULLSHIT BECAUSE IT’S USUALLY THEIR BULLSHIT: Scalia’s “Prophecy” in Lawrence And The Joint Dissent in Dobbs: That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Now, fast-forward to Dobbs. Here, the dissenters argued that Justice Alito and his ilk cannot be trusted on Lawrence and Obergefell. Their repeated promises that those precedents are safe are illusory. And how do we know the conservatives can’t be trusted? Part I of the joint dissent–which I think was written by Justice Kagan–highlights Justice Scalia’s Lawrence dissent. . . .

We should all learn from the prophecy of St. Nino. (This past week revealed at least three judicial miracles for legal canonization–overruling Roe in Dobbs, overruling Lemon in Kennedy, and expanding 2nd Amendment in Bruen!) But there is a special awkwardness for Justice Breyer. He joined the Lawrence dissent which promised, scout’s honor, that marriage laws were not at issue. And there is similar awkwardness for Justices Sotomayor and Kagan, who pinky-sweared that Windsor would not lead to the nullification [of] marriage laws. None of us believed them. Not for a second.

But I do believe Justice Alito, et al.

I sorta do.

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