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Post By
bd2999 
Moderator

Member Since: Sat May 17, 2008
In Reply To
The Avenger

Location: New Jersey
Member Since: Thu Dec 02, 2021
Subj: Re: The Supreme Court
Posted: Mon Jun 27, 2022 at 08:39:55 am EDT (Viewed 103 times)
Reply Subj: The Supreme Court
Posted: Sun Jun 26, 2022 at 01:44:49 pm EDT (Viewed 151 times)



    Quote:
    Since the last time I posted about the Supreme Court, I've been taking a deep dive into what it's been doing, and what it's been saying about what it's been doing. As a result, I no longer trust anything it says about what it's been doing.


Yup


    Quote:
    As I write this, the Court has overturned Roe, and has decided NY State Rifle & Pistol Association v. Bruen et al in favor of Bruen. (Bruen is Superintendent of NY State Police.)


Yeah. There were two or three other cases so far that have also been terrible. Most of them have taken away means of redress for harmed parties. Including giving immunity to federal agencies like the border patrol, reducing Miranda rights and improper council behavior in two cases (even if it is clear that on a factual basis somebody was harmed). The later bothers me alot but does not get alot of love. Federal courts cannot help someone that is innocent or suffering from court error. Too bad.


    Quote:
    So the Supreme Court has ruled that state governments can regulate women's bodies but cannot regulate the concealed carry of guns in public.


Yes




No question.


    Quote:
    I conclude that the Supreme Court is a blatant instrument of the will to power, full stop.


In a way it always has been. This is just the version we are living through at the moment where it is clear might makes right. There was a stretch where it seemed a little different when judges respected prior decisions but no longer.

There is honestly a major threat to Constitutional law at the moment. As it is clear the more extreme views are going to become the norm, just because they can.

The logic is also horrible. I am not a lawyer but the reasoning in the articles are awful. Selective rooting in history is now the basis of decisions.


    Quote:
    Whose power does this Court wish to preserve and expand? Apparently its own, first of all - since it clutches to its bosom its prerogative to perform judicial review on state and federal legislation, and state and federal executive administration, and rule with authority thereon, restrained neither by stare decisis nor by any consistently applied theory of law. Nor does any branch of federal or state government have any recourse against the rulings of this Court. Power corrupts, and absolute power has corrupted this Court absolutely.


This is all true. It seems like it is mostly empowering those that already have the most power at the expense of the minority groups or weaker groups.


    Quote:
    What other centers of power does this Court wish to preserve and expand? Sometimes state governments, but only when state governments do as this Court would like. Also the plutocracy, conservative Christianity, the white majority (Thomas notwithstanding), and the patriarchy. Also other power centers that I think of as second tier, such as the police or Border Patrol, which are privileged by the Court because they serve the plutocracy and/or the white majority (Thomas notwithstanding).


Exactly. I would not exclude Thomas. As he mostly is a conservative ideologue and his rulings general hurt minorities and really many vulnerable groups. He is the herald of all the badness happening now.


    Quote:
    Yes, I've gone full cynic. It took me a lot of time, a lot of reading, and a lot of listening to podcasts, but I have arrived at last at a jaundiced view of the Supreme Court as we know it today.

    Thoughts?


It is bad and going to get worse. The said part is there is not much that can be done. SCOTUS gave itself power in the past, so there is that possibility but SCOTUS has destroyed its own legitimacy beyond repair.

Everybody knew the court was going to be more conservative but steam rolling precedent and past rulings that impacts the rule of law at all levels.

I am not sure how it benefits anyone to do what they are doing outside of from a purely conservatives academic level.

The counters would be to expand the court, define its abilities more clearly, put term limits on justices, clarify what is and is not disqualifying (ethics rules, recusal rules and so on) and potentially things like what warrants impeachment of a justice.

These are hard without a united movement, big majorities in Congress and the presidency and honestly having alot of states with you.

This is going to be a long game sadly unless Congress really decides to push things and I do not see that there.





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