After RBG’s death, Moore v Harper might kill American Democracy forever (user search)
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  After RBG’s death, Moore v Harper might kill American Democracy forever (search mode)
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Question: ?
#1
Yes, it has a decent chance to survive
 
#2
No, it’s doomed forever because of SCOTUS
 
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Total Voters: 74

Author Topic: After RBG’s death, Moore v Harper might kill American Democracy forever  (Read 8595 times)
Associate Justice PiT
PiT (The Physicist)
Atlas Politician
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Posts: 31,175
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« on: February 25, 2022, 01:12:04 PM »

If SCOTUS goes completely crazy, will anyone eventually do something about it?

If Democrats eventually do get to ride a backlash into power (or are able to survive until the Republican Party drops the ball some other way), they can always either 1) devolve certain things to the Circuit Courts or 2) ignore their rulings.

     Democrats will inevitably return to power. Thing is that simply ignoring rulings once they get there sets a very poor precedent that will come back to bite everyone.
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Associate Justice PiT
PiT (The Physicist)
Atlas Politician
Atlas Superstar
*****
Posts: 31,175
United States


« Reply #1 on: February 26, 2022, 12:56:54 AM »

If SCOTUS goes completely crazy, will anyone eventually do something about it?

If Democrats eventually do get to ride a backlash into power (or are able to survive until the Republican Party drops the ball some other way), they can always either 1) devolve certain things to the Circuit Courts or 2) ignore their rulings.

Democrats will inevitably return to power. Thing is that simply ignoring rulings once they get there sets a very poor precedent that will come back to bite everyone.
and we wouldn't want a supreme court that ignores its own precedent, right?

     That is what Brown v. Board of Education did and none of us would complain about that. The judiciary and executive branches have different roles to fulfill and are not governed by the same rules.
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Associate Justice PiT
PiT (The Physicist)
Atlas Politician
Atlas Superstar
*****
Posts: 31,175
United States


« Reply #2 on: February 28, 2022, 04:14:52 PM »

If SCOTUS goes completely crazy, will anyone eventually do something about it?

If Democrats eventually do get to ride a backlash into power (or are able to survive until the Republican Party drops the ball some other way), they can always either 1) devolve certain things to the Circuit Courts or 2) ignore their rulings.

Democrats will inevitably return to power. Thing is that simply ignoring rulings once they get there sets a very poor precedent that will come back to bite everyone.
and we wouldn't want a supreme court that ignores its own precedent, right?

     That is what Brown v. Board of Education did and none of us would complain about that. The judiciary and executive branches have different roles to fulfill and are not governed by the same rules.

So there you have it. That's the one thing you do when then the court is illegitimate. You treat it like its illegitimate.

     The judiciary operates in a slow and deliberative capacity, reacting to the situation on the ground. This creates a very different dynamic from the executive and legislative branches, which are more dynamic. If our leaders simply decide to ignore the courts when they want to, the judiciary will effectively stop existing as a check on the power of the other two branches, and with it any notion that the Constitution represents a meaningful check on the abuses of government.
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