Monday, June 7, 2021

Three Supreme Court cases to watch

Three Supreme Court cases to watch 

These are posts (mine and MSW's) that may be overcome by events when read, since the orders may come today. Possible retirements are also an issue, although this may not announced be for a few weeks.

Supreme Court cases are about power and authority more than the issue at hand. Sadly, the real issue in the Catholic Social Services case was not argued, which is the power of the bishop over the agency. If the professionals had a free hand, this case would not exist. The answer in this situation is ultimately the faithful either having the ability to overrule the bishop or even select him (or her). That last bit is none of the Court's business. 

There is no danger that Arizona will win the DNC case. The ability of Congress to pass the Voting Rights Act was in no danger in the Section 2 case. The premise of that decision was that Congress needed to update its preclearance list. When they do, Arizona should be on it. The relevant parallel is the other gay rights case, Perry v. Brown. That was decided 8-1. The Court was both in favor of the right to marry and strongly against the power of states to deny that right. This is the same deal.

The Court had to hear California v. Texas. It is part of their original jurisdiction. Texas will be spanked. The Court already ruled that the law can stand, even without a severability clause. It never makes work for itself. Finding for Texas would be an invitation for the challenge of all laws without such a clause. That would be chaos, putting every law potentially on the Court's docket. Any Justice who dissents will show they should not be on the Court at all.

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