Former Judge Resigns From the Supreme Court Bar in a Letter to John Roberts - 2020-03-13

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F0.png Former Judge Resigns From the Supreme Court Bar in a Letter to John Roberts March 13, 2020, Dahlia Lithwick, Slate Magazine

The Court, under your leadership and with your votes, has wantonly flouted established precedent. Your "conservative" majority has cynically undermined basic freedoms by hypocritically weaponizing others. The ideas of free speech and religious liberty have been transmogrified to allow officially sanctioned bigotry and discrimination, as well as to elevate the grossest forms of political bribery beyond the ability of the federal government or states to rationally regulate it. More than a score of decisions during your tenure have overturned established precedents—some more than forty years old– and you voted with the majority in most. There is nothing "conservative" about this trend. This is radical "legal activism" at its worst.

Without trying to write a law review article, I believe that the Court majority, under your leadership, has become little more than a result-oriented extension of the right wing of the Republican Party, as vetted by the Federalist Society. Yes, politics has always been a factor in the Court's history, but not to today's extent. Even routine rules of statutory construction get subverted or ignored to achieve transparently political goals. The rationales of "textualism" and "originalism" are mere fig leaves masking right wing political goals; sheer casuistry.

Your public pronouncements suggest that you seem concerned about the legitimacy of the Court in today's polarized environment. We all should be. Yet your actions, despite a few bromides about objectivity, say otherwise.

Wikipedia cite:
{{cite news | first = Dahlia | last = Lithwick | title = Former Judge Resigns From the Supreme Court Bar in a Letter to John Roberts | url = https://slate.com/news-and-politics/2020/03/judge-james-dannenberg-supreme-court-bar-roberts-letter.html | work = Slate Magazine | date = March 13, 2020 | accessdate = March 14, 2020 }}