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We civil rights lawyers had been sounding the alarm on just how bad the federal courts were for years before that, and I was fully aware that they were about to get even worse under Trump. But to achieve this, Trump would have to pack the Court with justices with extremely radical (read: insane) views of the Constitution.
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Counties develop into fiefdoms, and run according to the whims of oligarchs and demagogues. Rulings like that could culminate in bona fide disaster. “More terrifying is the idea that a Trump-packed Supreme Court could increasingly allow government officials to opt out of things they find distasteful on religious grounds. First, I was just a lad of 39 when I wrote the above-referenced op-ed practically a baby, a spring chicken, a tadpole with little nubs of cynical land legs just beginning to show. To the contrary, Trumpism has become terrifyingly proud of its capacity to mow down democratic norms and resculpt them into steaming piles of excrement.īut even as I turn myself over to the Internet’s Department of Bad Takes and Inconsistencies, I feel compelled to speak in my own defense. It’s as if someone hit a rip from the world’s biggest bong, peered into the future, and said, “Maaaan, let’s write this up like it could never happen, just to mess with people.” Of course Ginsburg did die, Kennedy did retire, Trump did appoint not two but three justices to the Supreme Court, and - the biggest miscalculation of all - “the most conservative of jurists” are not “troubled” by threats to the legitimacy of the courts or any other institution. An opinion like that would threaten the legitimacy of the Court, something which troubles even the most conservative of jurists.”įive years later, this reads like satire. And the Court would then have to reverse its own interpretation of the Constitution to undo a decision that is just over a year old. Four justices would have to agree to take the case, even if it existed. With couples already getting married in all but a few counties in the country, this is practically impossible - there is no “case” to be made. Suppose, however, that one of the older pro-LGBTQ justices, such as Justice Anthony Kennedy or Justice Ruth Bader Ginsburg, were to die, or retire, during Trump’s tenure? Even then, another marriage case would have to make its way to the Court. First, Trump would have to appoint at least two Supreme Court justices to make any real difference. “For a President Trump to undo the progress made by Obergefell and its predecessors, a number of improbable things would have to happen. Let’s briefly denude ourselves and bathe together in my shame. So after the election, I published a piece to tell them that while everything wasn’t exactly going to be OK, we at least knew for sure that marriage equality is safe. Those victories led people, including me, to assume I knew something about how the courts, government, civil rights, and history work. Here’s the brief we filed: None of this contact info works anymore, so don’t try it.Īfter the win at SCOTUS, my partners and I litigated the infamous Kim Davis case (that’s the one where a county clerk in Kentucky stopped issuing marriage licenses after Obergefell), and won pretty much every step of the way. Seriously! There’s a whole movie about it. “Why would anyone care what you think? Aren’t you just some middle-aged shitposter who tricked a law school into hiring you?” Yes, but I was also lead counsel for the Kentucky plaintiffs in Obergefell. Hodges - the 2015 decision that recognized same-sex marriages in all 50 states. In particular, people were asking me (a lot) about whether Trump could “undo” the decision in Obergefell v. People were freaking out about Trump and his cronies reversing the progress made in the fight for LGBTQ+ rights, and I wanted to allay those fears. Tad Pole is retired Navy and former school teacher now producing porn.In late 2016 I published an op-ed entitled “ Trump and LGBTQ rights: Your worst nightmares unlikely to come true.” The premise of the piece was basically what you’d expect from the title.
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