News for April 22 — Justice Alito’s Embarrassing Mifepristone Dissent

Justice Alito’s embarrassing mifepristone dissent: https://www.supremecourt.gov/opinions/22pdf/22a901_3d9g.pdf . We already knew Sam was small-minded, from acting up at Obama’s State of the Union and then discontinuing his appearances, to his poorly reasoned and poorly written Dobbs opinion overturning Roe v. Wade. However, now that we have read Alito’s mifepristone dissent, Sam apparently was rubbed the wrong way by his colleagues walking away from his initial stay.

Correcting my comment yesterday, Clarence Thomas did not join Alito’s dissent, so Sam stood alone. The Court has been regularly criticized by lawyers and critics for its use of the “shadow docket” to make changes in existing practice without providing its reasoning. Here, Sam calls out 3 of his female colleagues by name (Kagan, Sottomayor and Barrett) for their previous criticism of this practice. There are two problems here. First, Sam could have made his point without calling out his colleagues. There is just no reason for this pettiness and lack of civility. But secondly and more importantly, his defensiveness results in another poorly reasoned opinion.

As noted above, the criticism of the “shadow docket” use relates to unexplained changes. Here, the Court follows its standard practice of not making changes until the completion of lower court litigation. Alito shows himself as not only thin-skinned and intellectually limited, but he does so by publicly fuming against 3 women justices in an abortion case disrupting current medical practice. I am surprised that his law clerks have not tried to elevate Sam’s opinion writing. Maybe he does not share his work with them before he spouts off.

Others have made similar comments regarding Sam’s hissy fit: https://www.aol.com/news/samuel-alito-used-dissent-abortion-020941423.html . More: https://www.forbes.com/sites/tylerroush/2023/04/22/justice-alito-criticized-for-tantrum-his-dissent-suggested-biden-wouldnt-follow-courts-ruling/?sh=30961a6c4f06 . Most observers regard Clarence Thomas as an outlier from mainstream Court thought and behavior. But even he wouldn’t join Sam’s harangue. Meanwhile, Sam once again demonstrates his own lack of fitness to serve on the Court.

US embassy in Sudan evacuated: https://www.wsj.com/articles/u-s-conducts-emergency-evacuation-of-embassy-personnel-in-sudan-1a43ff4 . The death toll there is increasing rapidly.

WSJ: Chinese ambassador to France doubts sovereignty of ex-Soviet states: https://www.wsj.com/articles/chinas-ambassador-to-france-says-ex-soviet-states-lack-basis-for-sovereignty-8a46ad7d . All of these countries were members of the UN years before “Red” China.

More indications that Russia “bombed” its own city with a low-tech guided missile that failed: https://www.msn.com/en-us/news/world/russian-jets-are-dropping-bombs-rejigged-with-guidance-systems-that-are-delivering-devastating-hits-upon-ukrainian-lines-report-says/ar-AA19VgdH?ocid=hpmsn&cvid=be71fdc3100344ed9818632d73d7df11&ei=19 . Per yesterday’s comment, releasing a bomb over a populated area in your own country is incredibly stupid. However, this article indirectly offers some explanation as to how the bombing happened.                                                                                                                                                    (p, 4/21/23)

“Rare earths” mining expands: https://www.telegraph.co.uk/news/2023/04/22/chinas-rare-earths-weapon-is-disintegrating/ . This new mining is rapidly “undermining” the current Chinese monopoly of these raw materials.

WSJ: EPA to announce stricter power plant emission rules: https://www.wsj.com/articles/epa-planning-new-rules-to-slash-emissions-from-power-plants-1dd62863 . We need to do this to save life on this planet. And there is no Planet B.

Chris Christie drives into the anti-Orange Julius lane: https://www.aol.com/news/christie-trump-reruns-worse-original-143432869.html . Christie has no chance of becoming the 2024 Republican nominee. Is he criticizing OJ to fill a lane no current GOP presidential contender is filling, or just to legitimize criticizing OJ within the GOP? My suspicion is that Christie wants to run, in which case this is pathetic. However, if the end result is to legitimize a GOP move away from OJ, this could ultimately be constructive.

OJ’s legal trouble gets worse, if that’s possible: https://www.rawstory.com/trump-georgia-election-interference/ . RICO is a technically possible charge, but it has its own difficulties to prosecute. However, the information here does make clear that this was not an “incident” but rather a “pattern of behavior”. That is very damning with any jury, whether or not the behavior becomes formalized into a RICO charge.

Tennessee legislature gets more bad press as GOP legislator resigns: https://apnews.com/article/tennessee-lawmaker-resign-harassment-28899d897fc515d95716f2b63fdeaaf8 . We learn that Tennessee has had a string of GOP lawmakers resign due to sexual harassment of female interns and others.