There Are Two Real Ways to Answer the Texas Abortion Law

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The problem with watching jurisprudence unfold as though it’s reality television is that the court does all its work during the commercials.

If you want to be pissed off at someone today, kindly be pissed off at Texas Republicans, who passed a law that evades judicial review by design, and at the judges and activists who delight in its unbearable cleverness. . Be pissed off at the stealing of the federal courts that took place in plain sight, which pissed off plenty of people, but not, apparently, enough people to stop it.

—and we all are on tenterhooks waiting to see whether and how the Roberts court allows it and justifies it. That isn’t the way the legal system was designed to work at all. There was nothing that could have been done to stop this particular case if a bunch of Trump judges saw no emergency. There’s no point in spending the day berating one another for failing to pay attention to the thing we didn’t see because it was designed to occur unseen.

 

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