AS I HAD FEARED not many people read the last, very long passage from Louis Boudin which I posted here the other day, which is too bad because as Boudin said,
We have quoted Mr. Abbot's Memorandum at this length because we believe it to be the most perfect modern instance of a naive repetition of Marshall’s original simple argument.
though I suspect that the subsequent 90 years of legal and judicial babble, not to mention the nonsense coming out of pop-history, fiction and show biz, might have produced even more perfect double-speak and dishonest examples relevant to this issue.
The next section, which I will spend several days or a week on, the Legal Tender cases are especially important because they show conclusively that the claims that what the Supreme Court does when it claims the power to overturn legislation because it violates the Constitution is a blatant lie.
This is important because even worse than those examples or, probably, any available to Louis Boudin - other than the infamous Dred Scott and Plessy vs Ferguson - Citizens United and the other rulings that Republican-fascists on the court have made are even more flagrant lies based on the same assertions. The recent rulings that overturn Roe vs Wade and the Voting Rights Act are among the worst in the often sordid history of the Supreme Court, the Roberts Court captured by the Federalist Society, as Senator Sheldon Whitehouse has proven, using a roadmap supplied by the genteel segregationist Lewis Powell on behalf of oligarchs is racking up the most outrageous record of anti-egalitarian, anti-democratic rulings that now attack even the Vote itself, we face either the entire rejection of this Court-created power for itself, what the fascists on the Court are using to destroy democracy or we face what they are producing with it, oligarchic, one-party rule.
We'll see if you think that's an outrageous claim after a year or so of further rulings from it. I'm not afraid at all that I'll be found to be alarmist, I'm afraid of what I'm sure is coming.
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