Opinion by Jennifer Rubin: The Supreme Court delivers a sigh of relief — and an outrageous dissent
before, but now he cannot restrain himself from venting in an actual opinion. He goes on at length to recall the accusations, choosing to single out a warning against overuse of the motions docket from none other than Justice Amy Coney Barrett. It’s entirely irrelevant to the matter at hand and, as with so much of Alito’s writing, utterly intemperate.But it gets much worse.
Finally, Alito dishonestly asserts that a stay isn’t needed because this will all get decided quickly at the 5th Circuit or at the Supreme Court — probably in the government’s favor. First, even if it is a matter of days or weeks, women denied the medication will of course be harmed. Second, any appeal to the Supreme Court and resolution on the merits will take months and months. This simply will not be all wrapped up, as he suggests, “in the near future.
Looking at the entirety of Alito’s dissent, constitutional scholar Leah Litman reels off the outrages, including the plaintiffs’ sprint to Amarillo, the “whataboutisms” in the shadow docket and the “willful blindness to the effects of the Fifth Circuit ruling.” She adds, “It reads like a Fox News grandpa’s rant.
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