The Notorious SAA: Democrats Denounce Alito After Years Of Praising Ginsburg For Controversial Comments JONATHAN TURLEY
As I previously noted, Justice Alito addressed attacks on religious liberty and free speech, including citing past cases and disputes before the Court. He also declared The Covid crisis has highlighted constitutional fault lines in attacking such rights. Alito also launched into liberals who he views as threatening religious rights, noting that [i]n certain corners, religious liberty is fast becoming a disfavored right. Alito attacked the Obama administration s protracted campaign and unrelenting attack against the Little Sisters of the Poor. He also criticized a Washington State for requiring pharmacies to provide emergency contraception. He maintained that such emergency contraception destroys an embryo after fertilization. All of those issues have been and will again be before the Court. Indeed, as Alito was making these ill-considered comments, the Catholic Church was coming before his Court in these very issues.
So there is reason to be critical of Alito. However, the voices are coming from people who once cheered on such comments from Ginsburg. Now however there was nothing but utter disgust. This was not Notorious but nauseating.
These are just the contradictions (as the Marxists are wont to say) working themselves out. A government that pokes its nose where it should not is bound to be political. A court that occasionally holds that government back is bound to be political too. The norm or the meta-law that law should be above politics is admirable in every way, but it can’t work if courts are political or really even if governments are. It’s all very complicated and confusing.