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Post By
bd2999 
Moderator

Member Since: Sat May 17, 2008
In Reply To
Late Great Donald Blake 
Moderator

Member Since: Sat May 17, 2008
Posts: 7,511
Subj: Re: Pack the Court. Pack the Court. Pack the Court.
Posted: Fri Jun 24, 2022 at 10:44:19 am EDT (Viewed 194 times)
Reply Subj: Pack the Court. Pack the Court. Pack the Court.
Posted: Thu Jun 23, 2022 at 11:33:27 pm EDT (Viewed 200 times)



    Quote:
    SCOTUS at the moment is out of control and bashing through every barrier put in place by prior courts for no other reason than they have the power to do so. I guess they think they are correcting every court decision since 1920 or something.



    Quote:

    LGDB: Well no other reason besides of course that these are basically the simple predicates of their ideology and they're a part of a political strategy that's been cooking for the better part of 30 years. And yeah this Supreme Court is a total disaster. I think the only thing to do is for the Dems to pack the court. I'm not confident they will, but otherwise, an progressive legislation except for super modest proposals are going to be stillborn. Even away from THIS court the SCOTUS has absorbed too much power and is a totally undemocratic institution. The whole foundations of these criticism of the SCOTUS having this much power is precisely because of the anxiety that the Court might be populated with these kinds of fanatical arch conservatives.


Indeed. And it is not even the first time it has been. One could make a case that within the last 50 or 80 years court decisions that could be seen as progressive and not always benefitting the wealth, white and so on are the exception rather than the rule.


    Quote:
    I have pretty radically different ideas about guns than you (it seems) but even I think this Federalist Society Frankenstein's monster is basically explicitly trying to rework the architecture of your government one cherry picked case at a time.


Maybe, I do not know your view. I am not sure I laid out mine in this post.

Among my issues with the ruling is basing the Constitutionality of something on historical precedent while not feeling bound to the past historical rulings of courts as a guide.

Justices are not historians and history is messy. It is just an enormously inefficient standard to judge anything by in my view. If they want to be originalists than they should not be selectively applying the rules when it suits them, but that would require more of a logical frame work.

At this point the court majority are partisans and ideologs. Based on history up to the Founding (from a few more historical sources) gun control is Constitutional. But they also could not account for everything and what weapons people coauld have or would exist. So, to use history as a standard means that extrapolation would be required at best to account for it, which this court would not allow.

Justice Bryer stated the hypocrisy well in his dissent but that has no real impact.








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