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Genuinely I do not expect even this Supreme Court to uphold this one. Maybe I’m naive, but I do think the Supreme Court has an interest in the federal government continuing to exist and have power because that’s what they are.
Upholding this would basically overturn the commerce clause, at which point the federal government may as well be dissolved. It would also fuck with the flow of capital, which is a big no-no.
I feel like a national abortion ban is more likely than this being upheld.
Maybe
But we are seemingly, evidenced more daily, in a time of deep crisis in the existing institutions of neoliberalism domestically (in every western and western-aligned nation) and abroad (the UN and ICC).
It isn't in the interests of capital to allow huge tariffs.
It isn't in the interests of the state apparatus to allow Israel to do a genocide for over a year. It isn't in the interest of the state to let them attack Lebanon and constantly say they will attack Iran.
I'm talking about long term strategic thinking the way the state and truly evil shitters in it used to plan this stuff out. Guys like the Dulles brothers. Because the current crop of administrators of empire are not cold and calculating; they're fully bought-in on the bullshit narrative themselves. They've lost sight of the actual goal of, to put it in accurate terms, maintaining a thousand year "fourth Reich" ruled by the American Empire. They actually think this is about something more than maintaining control of vast resources by the use of various pressure applications and relief valves.
Neoliberalism is eating its own ass, basically.
And what has arisen in the past few decades and really ramped up in maybe the last ten years is the most ass-eating of all. The "heritage foundation" types who believe, sincerely, that the federal government... yeah, basically shouldn't exist as you said. Is this in the interests of capital? No, probably not. Dissolving the bonds (further) that hold together the core of the empire seems to be exactly antithetical to the interests of capital. The thing is... they don't give a shit. As evidenced by all kinds of daily nonsense we see over and over.
We're basically at some weird point where neoliberalism won, destroyed essentially every existing safety net, kept chipping away more and more until there was nothing to chip further without causing structural failures. So the democrat types are kinda screaming "Ok! Stop chipping!" while the republicans are like "Nope! We don't need social security. We don't need interstate trade! FBI? Don't need that either!" on and on.
I no longer doubt anything when it comes to either party. They've pretty clearly shown they don't care about anything, not even capital interests in many cases. Not in any sort of logical way. If they did they'd have restrained Israel in like Nov last year. Or implemented (actually meaningful) climate initiatives in cooperation, not competition, with China, etc. But ideology, the bullshit narrative, is supreme now.
Seemingly, anyway. Maybe I'm too small-brained to comprehend how fully undermining the institutions that allow the US to hold power worldwide is in the interests of capital. Maybe this is just setting up the US to cruise for another 900 years of maintenance of the Reich
For what it's worth I think you are correct. The previous stewards of empire were quite cynical. This new crop seem to have fully swallowed their own propaganda. Look at the F-35 program. It's a big money making scheme that may or may not shit out a competent next generation fighter at the end of it. You'd think the owner class would at least be willing to invest in self defense of their giant pile of money. But even those pillars of stability are being hollowed out to add more to the pile.
I think that the current generation generally don't care about a thousand year Reich or they have some pastoral fantasy of it in the vein of Jefferson. I think they just want money and personal power and then eventually they die. What do they care about the subsequent 700 years or whatever it is? They got theirs.
And I think this mindset is prevalent in less blatant forms in other imperial core nations, they just haven't reached the advanced rot or the US. Just look at the UK.
I think this is true, and this is why I don’t think they’ll Supreme Court would uphold this. Doing so would directly diminish their power. The Supreme Court is a part of the federal government, so if those justices want to keep their power and influence it does have to continue to exist and have power over states.
Dewit.webm
It seems to me there's an easy workaround for the GOP justices. Out of thin air and bullshit they could create some sort of bizarre and super-technical carve out ruling. They would design the principle so in theory it at least has a tinge of actual jurisprudence. But in actual practice the ruling can only refer to a pregnant person and a fetus.
What am I missing?
I think you got it. Insofar as the conservatives care about maintaining a semblance of legitimacy for the Supreme Court / Federal government, they are perfectly fine with blatant contradictions in their opinions. Because, you know, they’re fascists. They wouldn’t care if upholding this ruling would undermine interstate commerce or whatever. Laws are Calvin Ball to these people, subject to change on a whim to benefit whoever they need to and harm whomever they want. Legitimacy is a rubric they, and other fascistic people in power, control. Our opinion about their legitimacy does not matter.