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PaperclipPerfector  1d ago (text post)   5596 thread views

Culture War Roundup for the week of June 29, 2026

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Leaving it as a statutory question would have given an out that did not demand taking the amendment process or ramming the hardest-right justices through the courts as the least escalatory answer.

Dred Scott, once issued, couldn't be reversed: even were Scott freed, he couldn't become a citizen. Indeed, under Dred Scott, Scott couldn't even sue anyone over anything in federal courts in the future. That's why Dred Scott made non-legal avenues the only available ones, either direct defiance of the holding (eg the Territorial Slave Act of 1862) or the eventual war.

This isn't quite that bad, but the calculus for immigration restrictionists is still far uglier than Roberts had to make it.

agreed. I personally don't think this is Dredd Scott level of bad, I don't think people will secede. I also haven't read the thing yet but Kavanaugh left it open for Congress to make some laws.

Sure but Roberts for unknown reasons reached the constitutional issue when he needed just statutory.

I think Robert killed any chance the texturalism will be a future legal theory. Robert’s declared birthright isn’t texturally therefore unless GOP drops birthright (I believe it’s doubtful) then we will likely see a litmus test on Birthright for future GOP judges and it’s tough to swap a recent precedence so they will be likely adopting new legal theories to justify their views.

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