Da – Court Packing Notes



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Court Packing DA
the gutters, 2nc Lansing Rnd5, 1AC Practice 10-20, Speech 1ac Ag runoff 8-31 12AM, Speech 1AC CAFOs personal, send cards, 2nr , Con Side, Movements DA, Marijuana Neg, Federalism DA, Death Penalty Negative, Death Penalty Affirmative, Aff AT Movements DA

2NC – UQ – AT: Bostock

Bostock is neg uniqueness -- it increases conservative legitimacy by conveying a balanced swing vote -- BUT -- that’s dependent on continued conservative rulings down the line.


Harris ’20 [Mary; June 16; Reporter, citing Mark Stern, a judicial analyst with a J.D. from Georgetown University; Slate, “Why Conservative Justices Gave Progressives a Victory,” https://slate.com/news-and-politics/2020/06/supreme-court-lgbtq-bostock-abortion-trump-tax-cfpb.html; RP]
At the beginning of this term, you came on the show and literally said, “I am here to terrify you and hopefully make you extremely afraid of the judiciary for the rest of your life.” Does a decision like this change that opinion?
Oh, no. In some ways, it actually frightens me even more.
Why?
Roberts and Gorsuch have just given themselves a huge amount of political capital. Remember, the court doesn’t have its own standing army to enforce its decisions. It relies, basically, on magic: our belief in its institutional legitimacy to have any power at all. If the court had only issued a ton of conservative opinions this term—if the court had said no to abortion, no to DACA, no to the CFPB, just totally crashed through all of these liberal projects—I think that court packing would be a real conversation on this campaign trail, and I think Joe Biden would be forced to take a position on it. And I think you would see a lot of liberals saying, we’re not even paying attention to the court because it’s illegitimate. But instead, you have a day of everybody on the left celebrating the Supreme Court and Gorsuch and Roberts. That gives both of them a huge amount of cover to erode Roe v. Wade, to let Trump hide his financial records and deport Dreamers, to gut the independence of the CFPB. Then they can still turn around and say, We’re impartial and independent and you should respect our decisions because sometimes we swing left. This is a classic trick. This is what Roberts has been doing for a long time. I don’t think it should cheapen the victory for LGBTQ rights, but it should put everyone on high alert for some pretty far-right decisions that may be coming down the pipeline.

No thumpers -- it was straightforward conservatism and adhered to core textualist principles -- boosts credibility for conservative jurists.



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