Brett Kavanaugh’s Whoopsie Forces Groundhog Day at the Supreme Court

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Brett Kavanaugh’s Whoopsie Forces Groundhog Day at the Supreme Court
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Alabama has come back to the Supreme Court in an emergency posture requesting a green light to use their still-illegal maps.

There’s a lot to hate about starting off a third term of the Supreme Court under the shadow of both ethical scandals and a state’s decision to simply ignore an express opinion of the court while the ink on that decision is still wet. It calls to mind the era in which Southern statesbecause, well, who was gonna make them do otherwise? And indeed, even if one was on the losing side ofit’s hard to imagine that to any justice on the current court the fact of state nullification feels awesome.

, drug dealers display more transactional deftness than Alabama lawmakers. Years ago, there was an elaborate ritual dance: Justice Clarence Thomas would drop a line in an opinion or a dissent thatshould bring a challenge to X or Y, and in the fullness of time, some group would bring the challenge. It would take a few years, sure, but the case would be tried, a record would be developed, an appeal would be filed, and the case would duly arrive at the court, awaiting its resolution.

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