Cacophony of dunces: When the Supreme Court trashed the Constitution
Watching Justice Samuel Alito go spelunking in his Dobbs opinion through centuries of so-called history and tradition in search of legal justifications to overturn the right to abortion decided almost 50 years ago in Roe v. Wade was like watching a boy play in a pile of dirt. Where do I dig next, he seemed to be muttering to himself as he shoveled manure from a slave-era law in Virginia onto an 18th-century pile of garbage he quoted from some doofus who believed women were inferior beings. Clarence Thomas was right there behind him in his decision that New York can’t prevent people from carrying concealed weapons, plowing through statutes from jolly old England and the American frontier to show that Dodge City didn’t really mean it when they told cowboys they had to check their six-guns with the sheriff if they came into town.
This article first appeared in Salon.
And then along came Chief Justice Roberts as clean-up man, swinging the club of something known as the “major questions doctrine” to deny the Environmental Protection Agency its statutory authority to — duh — protect the environment unless Congress spells out exactly how they should do it. According to Roberts, it is Congress, not the EPA, that has to write a rule telling corporations they can’t empty industrial waste directly into creeks, rivers or the ocean because it’s a “major question” if it costs corporations a lot of money, so let’s make it as hard as possible for the government to take a chunk out of our golf buddies’ bottom lines.