It’s not a matter of “what could go wrong,” it’s what we actually have right now. And have always had. The sooner we stop pretending that isn’t the case, the sooner we can actually start screening judges/justices appropriately.
Then we should get rid of the judiciary and have all matters of review come before Congress and let it play out as political matter. In fact, that’s not expedient enough. Let’s just consolidate all three branches into one branch and find someone with superior morals to run it.
i've still yet to hear a convincing argument for how the conservative judicial pipeline dominated by the federalist society isn't a political goal making process or do the judges stop being political when they get appointed or in kavanaughs case we just ignore that he spent his life as an explicit political operative
Every opinion ever issued - and every dissent as well - has been based in the law itself. You can find some of those arguments more persuasive than others - and that’s fine - but let’s not pretend that that these people are morons unfamiliar with the nation said laws. They know the laws. They still come to very different conclusions on the right answer. The difference is their own sense of right and wrong and that’s what drives their judgments. It isn’t the text that does so.
Mitch MConnell, a being of pure desire for political power, is obsessed with stacking the Judiciary with conservative judges Not political though
Pretty hard to forget when his confirmation hearing included him explicitly attacking the Democratic Party and threatening “what goes around, comes around”
at the most base level everyone in every corner of the judicial system and politics admits Roberts navigates the political climate of the country and is hyper focused on maintaining legitimacy of the court by avoiding overstepping this position is unable to be squared with a non-political judicial system or judges
dont worry libertarian friends, people will still get to discriminate against lgbtq individuals under the guise of "religious liberty" once scotus takes up a case in that domain
Roberts wasn’t willing to ascribe animus to the decision (that’s the part in which there is no majority opinion), so I’m skeptical that he’d be willing to stand in the way of administratively proper actions.
The DACA ones pretty fragmented, but Roberts seems more concerned with form than with substance. You can be cruel, but you need to check the boxes first.
Seeing evangelicals starting to realize that the GOP doesn’t give a shit about them any more than a voter base to amass power so they can protect their capital interests is entertaining.
Prob says a lot that the supreme court issues a fairly reasonable decision and gets a standing ovation
i think roberts knows that it will be the end of the supreme court if roe is overturned. not surprised at all to see him joining the reasonable justices on some issues.
Who are these evangelicals that are realizing this? I haven’t met a single one. The ones I know are doubling...neigh, tripling down on stupid.
roberts is a relic of the white supremacist branch of conservatism that knew you had to keep it low key and incremental or the backlash would be counter productive
When are we expecting the decisions on the 2 trump cases? Trump could be fighting a 10 front war soon with all that is already going on.
Pretty sure those were some of the last cases they heard and were delayed due to covid. Normally the session would end today but looks like everything is pushed back. They have additional opinions coming out at 10am today but there are 9 or 10 cases still waiting on a decision. My guess is sometime in mid July.
This will he an interesting one as well. Hopefully they deny the petition and the grand jury material gets turned over.
How could you take con law (and read the dissents) and not come to the conclusion that very frequently justices craft their opinions first and then fit the facts around those opinions? There are some horrendous and inconsistent decisions over the life of the court to fit whatever they wanted their decision to be, particularly from originalists. At least living document justices don't pretend to hold to some sort of set standard beyond stare decisis.
Taking con law made me think the Supreme Court is a joke. If a liberal judge dies and trump/mcconnell are able to put another kavanaugh on there I don’t think it will be a thing anymore
Unfortunately, the SC has made some of the biggest decisions that impact peoples' lives every day because of legislative abdication. They would be a joke if they weren't so powerful and people who pretend they aren't a political arm unto themselves are living in fantasy land. It is and has been a legislative body masquerading as an independent judiciary. For its entire existence. They decide all sorts of other cases that are important and not political but those big decisions, woo boy. Don't tell me the text is the text.