Political backlash
The Supreme Court’s decision in Murthy v. Missouri, the important First Amendment case about government censorship of Americans’ speech on social media, is puzzling.
Barrett’s complicated analysis seems to require the plaintiffs to prove that government censorship will injure them in the future. And since no one can predict what a secret, back-channel government censorship program will do in the future, no one has standing to seek an injunction to stop it. The president of the United States, Theodore Roosevelt, was furious at the decision. “I may not know much about law,” he raged, “but I do know one can put the fear of God into judges.”In 1937, President Franklin Roosevelt was tired of watching the Supreme Court strike down New Deal legislation as unconstitutional.
Biskupic speculated that Roberts may have been motivated by “worries about his own legitimacy and legacy, intertwined with concerns about the legitimacy and legacy of the court.” However, “viewed only through a judicial lens, his moves were not consistent, and his legal arguments were not entirely coherent.”
And that brings us back to Murthy v. Missouri, a decision that was widely reported in the media as a “victory” for President Joe Biden.
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