Lynn Smith
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Lynn Smith
@lunabrite.bsky.social
76 followers 280 following 3 posts
Minneapolis now, Boston before. Living the dream.
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Reposted by Lynn Smith
chicagogirl7.bsky.social
June 14, 2025 at 5:56 PM
Reposted by Lynn Smith
mjsdc.bsky.social
An extraordinary separate dissent from Justice Jackson accuses the majority of trying to pass off its dirty work under the cover of the shadow docket and explicitly invokes Korematsu, the Japanese internment case. Wow. www.documentcloud.org/documents/25...
I lament that the Court appears to have embarked on a new era of procedural variability, and that it has done so in such a casual, inequitable, and, in my view, inappropriate manner. See Department of Education v. California, 604 U. S. ___ , ___ (2025) (JACKSON, J., dissenting) (slip op., at 1–2). At least when the Court went off base in the past, it left a record so posterity could see how it went wrong. See, e.g., Korematsu v. United States, 323 U. S. 214 (1944). With more and more of our most significant rulings taking place in the shadows of our emergency docket, today’s Court leaves less and less of a trace. But make no mistake: We are just as wrong now as we have been in the past, with similarly devastating consequences. It just seems we are now less willing to face it.
April 7, 2025 at 11:06 PM