"In this article, we will describe a nice strategy that will never be adopted by anyone in power."
"In this article, we will describe a nice strategy that will never be adopted by anyone in power."
This sub in a nutshell, am I right?
Step 1: Make a proportionately representative Parliament.
*REEEEEEEES erupt from every rural state*
They're gonna talk about professor Amar's 18 year term limits, they've already endorsed it before.
Non-Doomer: The only reason people think the Supreme Court is dying as an institution is because “our side” doesn’t like their rulings. They’d be more than happy if the Supreme Court was making these kind of decisions in their favor. For example, we love Roe v Wade even though it was done on very shaky legal ground. And we were more than happy to tell Conservatives for decades “this is the way it is they made their ruling”.
For example, if we had a 5-4 majority and they codified the right to abortion in all circumstances a lot of the left would be cheering. And if some conservative clerk leaked the ruling and people were rioting in the streets we’d be talking about how conservatives don’t believe in democracy and the rule of law.
The only way to save the Supreme Court is to have a cultural shift away from being hyper-partisan where the answer to things we don’t like isn’t just to burn it all down. The Supreme Court itself and how they operate hasn’t changed.
Best way to save the SC is for the Congress to pass laws so you don't have to worry about the SC legislating from the bench.
Congress: "hey I made this legislation. Do you like it?"
SCOTUS: https://i.kym-cdn.com/entries/icons/mobile/000/038/481/8675309.jpg
Wow, holy shit, pretty cool that SCOTUS doesn't have the power to invalidate Congress's legislation!
But liberals in general have benefitted from SCOTUS legislating from the bench. Funny enough, overturning Roe peels back one example of the Court legislating from the bench and giving the states more power to decide abortion laws for themselves.
In general, the current court punts a hell of a lot based on "We're going to let this stand because Congress hasn't specifically done something about it (which is convenient in this case because letting things stand in this case is good for Republican politics and we are Republican partisan activists and we trust that Republicans in Congress will block any legislation on this topic, so we get the result we desire by punting to Congress)."
But the draft ruling from Alito is pretty fucking crazy and goes really far. At the core of what he says here, in his view, if the Constitution doesn't explicitly protect a right, then the courts should look to the "Nation's history and traditions" (viewed through his lens presumably.)
This is a pretty radical break from the Constitution itself and casts the Constitution as an aberration. In reality, the Constitution was a radical break against "tradition and history" based on Enlightenment values and radical humanism. Historically, we allowed a lot of "traditional" bullshit to slide along, like states outlawing abortions, slavery, etc. despite the values that the Constitution was based on, and over time, we have been better aligning the overall legal system to the values of the constitution.
But Alito wants to put the Constitution on a shelf and allow "traditional" and "historical" approaches to be the norm only unless something explicit in the Constitution blocks the backward shit.
That applies to laws passed by Congress. He would happily overturn a federal law passed by Congress and singed by the President protecting access to abortion because of his test: 1) the Constitution does not explicitly protect that right and then 2) his personal "tradition and history" test says that old timey laws prohibited abortion, thus it's OK to prohibit abortion.
This ruling goes wildly beyond abortion and represents a truly radical break to hem in the Constitution itself as much as possible to impose old-timey "values".
Imagine seeing what's happened with the SC in the past thirty years and actually believing this. If in some miracle scenario Congress actually got off it's ass and did shit, like let's say codify abortion rights into law, the SC would just make up some bullshit and say Congress doesn't have the authority.
You mean laws like the Voting Rights Act?
The corrupt court can and will strike down whatever they dislike.
Wow, those guys are quick. I feel like it would be stressful to work for a magazine or newpaper where you need to completely redo your cover and story based on whatever breaking news happens that week.
Yup the court has become the super Senate. Legislation passed House, Senate kills it, SCOTUS is the final stop gap on top of that.
It's crazy to me how the demographics and voting continues to become younger and more progressive but Republicans are still able to deal this type of damage.
I'm very unsure if we are witnessing the final breaths or a re-birth if this ideology. Part of me believes that as Republicans send us back in time, folks who haven't taken the right to vote seriously and this could be a final nail. The other part of me believes this is Trumpism getting even more popular by "making America great again". We cannot forget that millions are HAPPY with this decision.
Either way hope its a fucking wake up call for democrats.
You could pass laws instead of trying to pretend the laws you already have mean things that they clearly don't. There I solved it.
The SC isn't broken, your politics is broken and the SC is the only part of it that isn't, so you just end up fighting over it since you can't get anything done via passing laws like a proper country.
There I solved it.
And to think, all your solution required was to just ignore everything that happened with the Voting Rights Act!
your politics is broken and the SC is the only part of it that isn’t
Imagine still thinking SCOTUS is “apolitical” lol
Our politics is broken, and the SC isn’t the most broken part or the source of the problem, but it is also definitely broken.
Judicial interpretation of the Constitution and the fundamental rights it enshrines is not "pretending the law you already have mean things that they clearly don't." We aren't talking about some expansive regulatory interpretation of the Clean Air Act; we're talking about a fundamental HUMAN right that should not be the subject of government interference in the first place, even IF a bare majority of voters wanted to.
It’s frustrating to see judicial decisions being made off person preference. The reason why you didn’t see Robert’s name on that decision -despite the dude being a practicing Catholic- is because he holds a lot of respect for the institution he ‘leads’ and it’s norms and traditions.
If you do that the inevitable pendulum swing to the right will be even worse. This leftward swing currently being experienced in the west is being squandered on radicalism, infighting and idiotic ideas that will go nowhere. The western left is already extremely vitriolic and if you stack the courts and do other similar shit the pushback and eventual rightist reaction when they get into power will be far more radical and likely with a strong authoritarian Spark. And not authoritarian as in it is often used nowadays, I'm talking central Europe (outside Czechoslovakia) in the late 20s and early to Nazi occupation/alignment 30s. Doing such things will only lead to further conflict and hate.
America is on the cusp of historic demographic change. The Supreme Court is how the Republican Party and the old guard will attempt to retain control over the country. Things that are within federal remit will be relegated to the states so that they can control it via mini fiefdoms.
The desire to reform the court by Democrats will just remain as such, just a desire…as the Republicans will fight tooth and nail every step of the way.
America is not on the cusp of a demographic change. White hispanics will be counted as white and as Hispanic immigration inevitably slows down so will Spanish fluency as they speak English, just like it’s always happened.
If their plan is to "let states decide everything" you'll just end up with federal laws protecting pro-choice stances
They're rolling back liberalism by saying you can't legislate from the bench. Fine, legislate from the legislature then.
You have now flipped the table on the old guard's plans. Pat yourself on the back.
Why are people acting as if this is the first time a precedent has been reversed?
Bunch of hypocrites. Legislature is a perfectly fine way of determining abortion law in the UK but somehow the same thing here is a sign of failing institutions? Give me a break.
Legislature is a perfectly fine way of determining abortion law in the UK
But the UK has a chad parliamentary system while the US has the virgin bicameral presidential system.
So you're saying the facilities for African Americans were always equal to those of white Americans from 1896?
The article is about saving the court from politicization, not particular policy outcomes. Regardless of what you think about the draft decision itself, the public standing of the SC as an authoritative institution is in jeopardy here, has been for awhile, and the fallout from this leak is the fulcrum on which the scales have fully tipped.
You care to explain how this was a “legally fine opinion”? Because I’m sure you read all 98 pages of it.
The problem is, in fact, the "originalist" judges being appointed, because their opinions are trash. They pretend to be historians despite, very clearly, NOT being historians. The real-world policy outcomes of their jurisprudence is not only damaging to civil society, but literally DEADLY to the woman who will now die in back alley abortions.
Idk why people being upset about this is funny to you
And what’s the point of the defeatism? SCOTUS being shitty and supply chain issues sorting out might make this a better midterm than usual.
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