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Reason
Reason
Politics
Eugene Volokh

The Supreme Court, Martians, Justice Jackson, and Chief Justice Roberts

Justice Jackson's dissent in the universal injunction case (CASA, Inc. v. Trump) includes this line:

A Martian arriving here from another planet would see these circumstances and surely wonder: "what good is the Constitution, then?" What, really, is this system for protecting people's rights if it amounts to this—placing the onus on the victims to invoke the law's protection, and rendering the very institution that has the singular function of ensuring compliance with the Constitution powerless to prevent the Government from violating it? "Those things Americans call constitutional rights seem hardly worth the paper they are written on!"

Some people have suggested there's something strange or inappropriate about bringing Martians into it, but it seems a pretty familiar locution. Here, for instance, is Chief Justice Roberts from Riley v. California (2014), which labels it familiar enough to be "proverbial":

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