Kagan just scored a shocking victory over the forces of anti-government nihilism

[babylonsister]

Kagan just scored a shocking victory over the forces of anti-government nihilism
She held the line.
Ian Millhiser
Jun 26, 2019, 12:13 pm


When I learned the outcome of the Supreme Court’s decision in Kisor v. Wilkie, a case seeking to tear down one of the pillars of federal administrative law, I quipped to my editor that my analysis of this case should be headlined “Elena Kagan is a motherfucking sorcerer.”

Kisor was supposed to be the first in a series of blows against federal agencies’ power to make regulations and interpret existing regulations. Without the power to meaningfully regulate under existing statutes, the presidency would become increasingly impotent; existing labor, anti-discrimination, health, and environmental laws would be severely weakened; and a dysfunctional Congress would almost certainly fail to update those laws — leaving behind a dream for radical libertarians and a nightmare for anyone who cares about simple things like clean air.

Instead, Justice Kagan managed to convince Chief Justice John Roberts to join a relatively moderate decision that, in her own words, is “not quite so tame as some might hope, but not nearly so menacing as they might fear.” Roberts did not join all of Kagan’s opinions — and he notably did not join the parts that read like a love letter to judicial humility — but the outcome in Kisor suggests that there is a meaningful distance between Roberts and the more nihilistic members of the court’s conservative majority.

Kisor is not a cause for celebration. But it is a cause for hope.

more...

https://thinkprogress.org/justice-kagan-kisor-wilkie-shocking-victory-6ed9e6ac37ad/

[Mme. Defarge]

1. Thank you for posting this.

[JudyM]

2. She's formidable.

[mountain grammy]

3. For the sake of my sanity

i've given up on holding on to a "ray of hope."

[Pepsidog]

5. Me too

[LiberalLovinLug]

6. I could be worse...than a Chief Justice in Roberts

The worst decision of course was the Citizens United, which probably set up the whole Russian interference ability. All that dark money with no requirements to disclose, creating huge superPACs

But he's also backed Obama on the ACA. He's also decided a few other close cases with more sober moderate decisions.

[czarjak]

7. Ann Coulter went coo-coo over Citizens United.

All you need to know.

[Honeycombe8]

13. Good coocoo or bad coocoo? nt

[czarjak]

14. Giddy coo-coo. Her white pride was evident. (If you can imagine)

[crazytown]

9. Kennedy voted for Citizen's United

and the majority in Bush v Gore. When it came to partisan politics, he was no moderate.

[tymorial]

11. Apparently Souter wrote a blistering dissent for Citizens United that Roberts blocked

Supposedly it accused the conservative justices (Roberts in particular) of orchestrating the result. It would have aired the court's dirty laundry and damaged the credibility of the supreme court so Roberts prevented its release. Souter won't discuss the matter and he handed over all of his personal materials to the New Hampshire Historical Society to be opened only after 50 years.

What happened and what the dissent states, most of us will never know unless he changes his mind and Souter doesnt seem to be the type.

[LiberalLovinLug]

12. Thanks. I wasn't aware of that

A horrible anti-democratic ruling.

[UTUSN]

8. K&R

[IronLionZion]

10. This is why it's so important for our side to appoint more justices

Obama and Clinton made some great choices. Roberts was the only relatively normal judge we got from Bush and both of Trump's judges are complete assholes.

We need more liberal federal judges at lower levels too as Trump has been packing those courts with young conservative extremists.