Sunday, January 22, 2023

Even If Taney Goes, He's Still There

We must be getting close to the day when the bust of Supreme Court injustice Roger Taney will be removed from the U.S. Capitol, since the bill passed by Congress back in mid-December said it must be removed within 45 days of passage.

I was thinking about him today because I've been researching a lot of 19th century Americans, including a lot of apologists for enslavement. And also because I saw this post by law professor Sheila Kennedy called First It Was Taney, in which she gives her thoughts on a slightly longer article from the New Republic called How the Supreme Court Is About to Destroy Federalism.

Between people crossing state lines to access abortion where it's legal, shipping abortion pills to people in states where the procedure is not legal, or trans kids traveling out of their home states to be protected from newly passed laws, something is going end up in court and eventually at the Roberts Supreme Court, as the New Republic author says.

Is this one country or not? Control over bodily autonomy may be the thing that breaks it.

The bust of Taney may be going, but his spirit is in the building across the street.


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