Truly Unprecedented :
The deeply personal back and forth this week between Chief Justice John Roberts and Associate Justice Sonia Sotomayor over race is without parallel in the court's history, legal experts tell Sahil Kapur.
Part of the reason for that of course is the unhappy historical fact that racial and ethnic minorities haven't had a seat on the Supreme Court bench until the last 47 years. But part of it, too, may have been the calculation by the likes of Thurgood Marshall that a direct public confrontation would not be productive in the long run.
What's truly unprecedented is the repellent racism of the Roberts court. Now I'm sure that Sotomayor went in thinking that it would be all collegial and buddy-buddy, but what she's run smack into is a majority that is ready and willing to turn back any and all legal advances on race (and workers issues, and women, and gays) all the way back to Brown v Board of Education and beyond.
What's truly unprecedented is that she's found herself in the position genuinely having to fight back against these medieval assholes, who have tossed the entire concept of stare decisis out the window because the idea of people, citizens, having to fight for their own rights is truly incomprehensible to them.
It simply wasn't time for Justice Marshall to have those fights back then.
The fact that Justice Roberts is doing his best to mansplain Justice Sotomayor back into her place, while Scumbag Scalia is cussing her out from the side shows that it's more than time for that fight to happen NOW.