Exploring Justice Alito's controversial evolution from a Reagan/Buckley conservative to an ultra-right Trump/Scalia conservative who ended abortion rights. Delving into Alito's 1985 memo on overturning Roe v. Wade and the strip search case dissent. Analyzing legal liabilities of stocking a private lake with piranhas. Reflecting on Rudy Giuliani's downfall, Alito's legal history, and the multifaceted consequences of his judicial decisions.
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Quick takeaways
Alito's pro-government bias in jurisprudence favors law enforcement over individual rights.
Allegations suggest manipulation of outcomes by Alito through leaks in significant cases.
Alito's close ties with religious circles raise concerns about biased decision-making in cases like Hobby Lobby.
Deep dives
Alito's Hostility Towards Civil Liberties
Alito displayed a cold and straightforward stance in his descent on civil liberties, particularly in cases like traffic stops where he favored law enforcement over individual rights, showing a pro-government and pro-law enforcement bias that is evident in his jurisprudence.
Alito's Involvement in Legal Leaks
Allegations suggest that Alito's leaks in significant cases like Hobby Lobby and possibly Dobbs, were meant to manipulate outcomes by ensuring conservative voting blocks and prepping public opinion well in advance, securing predetermined decisions under the cover of judicial process.
Alito's Connections to Religious Advocacy
Reverend Robert Schenk's testimony revealed how Alito's close involvement with religious circles, like Operation Higher Court, sought to influence justices through religious missionaries, potentially leading to biased decisions, as seen in cases like Hobby Lobby.
Alito's Dissent in Gay Marriage Cases
Alito's dissents in marriage equality cases like Obergefell and Windsor reveal his discomfort with extending rights beyond traditional norms, showcasing a skepticism towards expanding liberties based on individual or minority rights, reflecting a tendency to limit rather than broaden civil rights.
Lito's Originalism Stance and Controversial Decisions
Samuel Lito has been criticized for his originalism approach, with doubts raised about his consistency. Despite labeling himself as a practical originalist, questions linger over his adherence to this doctrine. His dissent in cases like McDonald and Citizens United has stirred controversy, with critics questioning the impact of his decisions.
Strict Liability and Trespassing Issues
In the case discussed, the divers' injuries due to aggressive fish on Jack's property raised legal questions regarding strict liability and trespassing. While strict liability typically applies regardless of fault, the divers' trespassing altered the legal outcome. The divers' actions on the property influenced the court's ruling in favor of Jack due to the trespassing exception to strict liability.
With the recent news that a sitting Supreme Court justice was publicly displaying support for Trump’s attempted coup in the days between January 6, 2021 and Joe Biden’s inauguration, it’s time to ask: Is Samuel Alito actually worse than our very low opinion of him? Also who could have possibly known that a hard-right Reagan/Buckley conservative who has been publicly advocating for ending abortion rights since 1985 would turn out to be the ultra-right Trump/Scalia conservative who ended abortion rights in 2022? We take these questions on after a quick look at the latest low point in Rudy Guiliani’s long, steep, and often hilarious fall from grace. (N.B.: there’s so much more to talk about here than we could possibly fit into an hour, we didn’t even get to his awful decisions on the death penalty, among many other things.)
Finally, we learn the answer to last week’s T3BE question and consider the multifarious liabilities of stocking a private lake full of piranhas.