What Power Does Amid Uncertainty…

Date: January 23, 2023

01) LINK

“For centuries, men benefited from the jurisprudence of certainty while women and vulnerable people did their best to navigate the jurisprudence of doubt. We were told to trust that the lawmakers would protect us. For centuries women and vulnerable people fought to upend that power imbalance: Rules for you, power that answers to nobody for the rulemakers.

Maybe the irony of never learning who leaked the Dobbs opinion is that the court claims to care deeply yet doesn’t care to find out. And that is what “rules for thee but not for me” looks like. Maybe a population that lives in an unsettled legal system in which precedent, predictability, and order are gone, to be replaced by outcomes that are as yet undetermined, shouldn’t feel entitled to an accounting from the court about who stole a document in an unprecedented national betrayal that became part of another unprecedented national betrayal called Dobbs. The not-anniversary, the un-investigation, the expanding national jurisprudence of uncertainty—that’s the new rule of law.”


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