This is why the Supreme Court has become the lowest court in the land and I am not trying to be cute nor funny. Seriously, it really does mean you couldn't manage things yourselves and now your case has sunk to its lowest possible place of adjudication by the Three Stooges X 3. McCarthy makes the point that supple minds however likeminded will often disagree and sometimes dramatically on the basics of the constitution, its canons of constructed laws, the gray area of separation of powers, the origin and consistent meaning of words and phrases, and very much else, he cites as example two originalists Scalia and Thomas debating about Jerusalem.
They don't. Because their minds are not supple.
Roger Kimball asks, when was the last time you heard such a spirited debate on the left side of the Supreme Court? Go on, Roger will wait.
Roger doesn't say this but he creates an image in the minds of his readers of our government devolving to a single legislative unit and not three branches as designed, rather, legislation originating from the Executive branch reworded and fixed into law by Court, all three branches legislating, with results to a system resembling more closely the fictional Idiocracy. This is how the John Roberts court will be remembered. Forever.
Andy McCarty writes and Kimball reflects something that clarified my understanding of all this. What the justices did was kill federalism.
These minds, supple as bricks, their storied Constitutional acumen so much sharper than our own, just now all by themselves made the 10th Amendment to the U.S. Constitution nil. That is what the Roberts court did. We are ruled by a lividly partisan claque of nine.
The law that Congress wrote
So Constitutional scholars, what becomes of the 10th Amendment that states "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Kimball writes, Chief Justice Roberts might want to gloss as "are reserved to the federal government, not the states, and certainly not the people."
The 10th Amendment is nil. As if it never was. Just like that. Roberts Court, the whole lot, this is what will be remembered.