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'Most Important SCOTUS Case of My Lifetime': Recap of Oral Arguments in Murthy v. Missouri

AP Photo/Jacquelyn Martin

In one of the biggest free speech cases is being argued in front of SCOTUS today, and Jonathan Turley is covering some of the oral arguments in Murthy v. Missouri

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So here's the thread:

'Bully pulpit exhortations' is a heck of a way to describe this, and 'persuasive' is a straight-up lie.

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Ouch.

They wouldn't do this to print media.

Ah. The pandemic. There we go.

We don't buy it, either.

'Once in a lifetime pandemic' -- until there's a climate change emergency. Or a national security emergency.

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It is a relevant concern.

Nobody. Ever.

This is a long post, but here it goes:

They will still be sitting there in the constitution, but the courts won’t enforce them as the founders intended. They will be reduced to a hollow shell.Look at what this Biden nominee is saying in the quoted tweet: if we have a big enough emergency, censorship is justified.

That only guarantees that future presidents will be even quicker to declare an emergency. “You can’t question this war, it’s an emergency!”

“You can’t question the effectiveness of a vaccine! We are in an emergency!”

“You can’t question our environmental policy, it’s an emergency!” “You can’t question the election! It’s an emergency!”

“You can’t question our plan to lock up every person of Chinese ancestry into camps, it’s an emergency!” Anything can theoretically be an emergency. And yes, the last example is thrown in to invoke what happened to Japanese Americans during World War II—another case of the Supreme Court granting emergency powers.

When the Supreme Court gave its stamp of approval to Japanese Internment in Korematsu v. United States, 323 U.S. 214 (1944), a different Justice Jackson, Robert Jackson, dissented, writing how an emergency exception granted by the courts inevitably expands: > The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. All who observe the work of courts are familiar with what Judge Cardozo described as "the tendency of a principle to expand itself to the limit of its logic."[1] A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court's opinion in this case.

And the current Justice Jackson wants to hand that loaded gun to Joe Biden. And leftists, if that doesn’t bother you, are you ready to hand that gun to Donald Trump if he wins in November? You guys literally say he’s a Nazi but you are setting precedents that make it easier to overthrow the Republic, just like Hitler did.

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All very good points.

It really is that important.

*Sigh*

This is a big case, and we'll keep an eye on it.

***

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