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Brett Kavanaugh's confirmation was a triumph for conservatives but a blow to the Court’s image on October 6 2018.
Democrats have previously endorsed similar strategies to those employed by Senator McConnell
Anticanon refers to select set of cases that were wrong the day decided
The Court has structural features that make it more likely to produce undemocratic outcomes
The Court can be trusted to uphold constitutional rights democratic principles and judicial norms in this country
The Court is a proven threat to fundamental rights
Moral legitimacy can support compliance with Court decisions
Some decisions can be wrong not because of improper legal reasoning but because of despicable consequences
The Court’s decision in Dobbs v Jackson Women’s Health also effectively serves as an invitation for states and plaintiffs to pursue litigation to rewrite constitutional law in this country in the interests of white supremacy sexism and misogyny
Someone residing in the United States must follow the law announced by the government
People can call on Court to change if Court fails to meet limits
Government must provide rights of democratic participation for legal regime to be reasonably just
Decent human lives would be impossible without government and law
The Court must receive a minimum amount of buy-in from citizens in order to validly impose its law on them
We have moral duty to support any reasonably just legal regime
Such rulings presage harmful outcomes on issues ranging from contraception to same-sex marriage to immigration to climate change
The Court has already wiped out the federal constitutional right to abortion
The Court has already sanctioned the further erosion of environmental protections during a climate crisis and the authorization of expansive state intrusion into the lives and medical decisions of those who can give birth
The Court is simply broken
Scholars and politicians advanced proposals to address problems