Another bullshit legal theory from Texas goes down in flames. Justice Alito dissented because of course he did.
[Image description: Migrants wait in line adjacent to the border fence under the watch of the Texas National Guard to enter into El Paso, Texas, Wednesday, May 10, 2023.]
It’s not bad to write a decent, it’s literally just the other side of the argument. It’s not like the justices sequester from each other and then wait until ruling day to reveal their thoughts to each other.
I’m not saying I like the guy. I’m saying that it makes sense to write down the other side of the ruling for future reference.
this implies they’re playing devil’s advocate but uh, that’s very much not what they’re doing when they’re in dissent. Alito and Thomas quite sincerely believe what they write–or at least do so enough to want them to be binding law.