Justice Alito just wrote the most terrifying sentence to appear in a Supreme Court opinion in years
Stephen Bannon is about to see his dreams come true.
On the surface, Gundy v. United States is a victory for a vibrant government and the democratic constitutional order that’s prevailed in the United States for many decades. In it, a narrow majority of the court rejects an aggressive legal challenge that could render much of the executive branch of government unconstitutional.
Scratch just one inch below the surface, however, and Gundy is the harbinger of an anti-government revolution. Though the Supreme Court voted 5-3 to maintain the power of Congress to delegate the details of policymaking to executive branch agencies, Justice Samuel Alito’s vote with the majority rests on the thinnest of reeds — and he is quite explicit that he is eager to join the revolution in a future case.
The outcome in Gundy almost certainly hinges on the fact that the court’s newest member, Justice Brett Kavanaugh, was days before his confirmation vote when Gundy was argued, so he sat this case out and denied his fellow conservatives the fifth vote they needed to light much of the federal government on fire. But he won’t be absent in the next case, or the one after that, or the one after that.
The revolution is coming, and it is likely to take with it much of the regulatory structure that protects workers, patients, victims of discrimination, and the environment.
[link:https://thinkprogress.org/justice-alito-just-wrote-the-most-terrifying-sentence-to-appear-in-a-supreme-court-opinion-in-years-83a535d3ce58/|
THIS IS FRIGHTENING
= new reply since forum marked as read
to executive branch agencies, with Barf Kavanaugh sitting this one out because the argument was days before he was confirmed.
And if he had already been confirmed, the vote could/would have been 5-4, with the same result.
Don't get me wrong: it is a big issue and one we should focus on. But can we dispense with the BS click-bait fear-mongering?
