The government’s lawyers pummeled the justices’ arguments—and one of their own could land the final blow.
AdvertisementThis outpouring of opposition can be attributed, in part, to Trump’s effort to use the ISLT in service of a coup. Reasonable Republicans recognize a reality that Neal Katyal, who argued that “the blast radius” from ISLT “would sow elections chaos,” “invalidating 50 different state constitutions” and countless statutes empowering state courts to regulate elections. Katyal was in top form on Wednesday, playing both advocate and historian.
He corrected Gorsuch’s bad history when the justice accused him of defending Virginia’s three-fifths clause. He pushed back hard against Alito’s efforts to malign the North Carolina Supreme Court as an out-of-control partisan usurper, explaining that it sought to impose only “ordinary checks and balances.” And he soothed Justice Brett Kavanaugh by assuring him that there could beDon Verrilli, also opposing the ISLT, did a commendable job conveying the ahistorical nature of the doctrine.
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