Samuel Alito is not mad. Do not write that he was mad
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Speaking of Fox News Grandpas, Sam Alito was apparently furious that Morgan Fairchild isn’t being forced to pay Elon Musk the same $8/month his three burner accounts do, and was in an especially grumpy mood about the Supreme Court refusing to let Republican judges take over the FDA, at least for now.
Note that this pissbaby whine is so pathetic even Thomas didn’t want his name on it:
The first problem with this would-be junior high forensics GOTCHA is that it reminds you of what a massive hack Alito is. The second is that the comparisons are idiotic. This case, where a handful of judges are trying to impose a massively consequential policy change on the country with legal arguments it would be unduly flattering to call “frivolous,” is exactly the kind that warrants a stay. Using the shadow docket to allow Texas to nullify Roe v. Wade, conversely, is not.
Allowing the 5CA opinion to remain in effect would “simply” prevent mifepristone from being available in the mail and require 3 doctor’s visits again. No big deal, if you think that the interest women have in access to safe medical treatments deserves no weight at all!
It gets even dumber:
Even leaving aside the total lack of evidence that (for better or worse) the Biden administration would simply ignore an order from an Article III court, it’s ridiculous to use an assumption that a lower court decision will be ignored as a reason not to stay the opinion. It’s an implicit concession that the government’s claim of irreparable harm is strong.
If history has taught us anything, it’s that you should totally take Sam Alito at his word when he asserts that his procedural votes in reproductive freedom case do not imply any hostility whatsoever to those claims on the merits. So don’t even try!
It is deeply tragic that we will never know how this guy would act if he were actually part of the minority faction of the Court, but it would have been beautiful.
…Shorter Bloody Sam:
Using the shadow docket to allow a tremendous change to the status quo ante without any explanation and staying an order that would make a tremendous change to the status quo ante while the issue goes through the courts is exactly the same you imbecile, you fucking moron.— Bas-O-Matic (@BasOMatic) April 22, 2023