• chaogomu@lemmy.world
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    19 hours ago

    It wasn’t an accident. There’s a great podcast called 5-4 that has gone through some of the worst decisions in history. They talked about Citizens United, and how Roberts had to stretch the truth to come to that decision. He’s done that a lot, he does the Roberts two-step, when he first upholds a law that he doesn’t like, but makes up some shit about how there are “questions” about it, and then his allies in the broader Conservative movement then bring a lawsuit that specifically targets one of those “questions” so that Roberts can overturn the law.

    Thomas does something similar, except it’s even more egregious, he will write an unhinged dissent or concurrence that makes bonkers legal arguments that may or may not be fully related to the case at hand, and then when he’s up to write for the majority, he’ll cite his own arguments in those dissents and concurrences. Those documents have zero legal weight, but he cites them as if they were settled law.