Unsurprisingly, the conservative justices apparently agreed with that view. The other parental plaintiffs, however, argued that the California law intruded upon their rights as parents, which they said were guaranteed by the Fifth Amendment’s Due Process Clause. The doctrine that the clause protects unenumerated rights through its reference to “liberty” is known as substantive due […]
Read More
Other flaws abound. For one, even if you somehow accept Thomas’s argument, Trump’s IEEPA tariffs should still meet the threshold he describes. Surely the president’s ambitious plan to collect trillions of dollars in tariffs, which are paid by American businesses and individuals, counts as an infringement on the private right to “property”? Not so fast, […]
Read More
An unelected supermajority of six, the masterfully achieved goal of five decades of conservative scheming, bought and paid for by billionaires, wielding its power swiftly and steadily on behalf of wealthy donors, the religious right, and the Republican Party has created an existential crisis for democracy and majority rule. The American public understands this: The […]
Read More