The Fox News Justice

Created
Mon, 24/04/2023 - 08:00
Updated
Mon, 24/04/2023 - 08:00
We tried to warn everyone about Sam Alito… Jennifer Rubin on an important aspect of the Supremes’ mifepristone ruling: Samual Alito is a monster: In the rush to celebrate the failure of medical zealots (this time) to dredge up an antiabortion activist in robes to countermand the FDA, Alito’s dissent shouldn’t be ignored, for it perfectly encapsulates the degree to which he’s become “unmoored from reason,” as legal scholar Norman Eisen tells me. The opinion is so lacking in judicial reason and tone that Supreme Court advocates and constitutional experts with whom I spoke were practically slack-jawed. They cite a batch of objectionable arguments and remarks in his dissent. First, Alito’s dissent begins with an extended, bitter and unnecessary rant about the shadow docket (the use of emergency rulings that have major policy consequences without the benefit of full briefing). He has railed at critics 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. (That alliance might be on the rocks.) 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. Alito has the temerity to assert that there would be no irreparable injury in denying the stay because “the Government has not dispelled legitimate doubts” — by whom? where does this standard come from? — “that it would even…