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Kagan's dissent last night may be the most scathing of her career. She accused her conservative colleagues of "armchair epidemiology" that may well exacerbate the pandemic and cost human lives. A justice does not level that charge lightly.
https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html @Slate
https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html @Slate
Equally important:
•The conservatives ignored the heightened standard for emergency relief and issued a merits opinion late on Friday.
•They also radically altered free exercise doctrine, turbocharging exemptions on the basis of "religious liberty." https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html
•The conservatives ignored the heightened standard for emergency relief and issued a merits opinion late on Friday.
•They also radically altered free exercise doctrine, turbocharging exemptions on the basis of "religious liberty." https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html
Employment Division v. Smith is effectively dead. The five ultraconservative justices have established a new rule that if a law exempts ANY secular business or activity, it MUST exempt churches and religious exercise. This has huge ramifications for claims of "religious liberty."
Kagan, joined by Sotomayor and Breyer, see this dramatic expansion of "religious liberty" at the expense of everybody else's rights, and they are horrified. We have never really seen Kagan write like this. This is a dire warning of danger ahead.
https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html @sladesr
https://slate.com/news-and-politics/2021/02/covid-elena-kagan-supreme-court-kill.html @sladesr
