The Supreme Court just gave the Trump administration a green light to traffic humans to random countries around the world—including war zones where migrants face torture, slavery, or death. And the…
In our system a large enough majority in congress can overrule a lot of what the courts are doing unless they go absolutely bonkers.
The court can say there’s nothing the in the constitution that prevents “X”, but congress with a large enough majority can pass a bill without the president’s signature to expressly allow “X”.
Our courts have not yet shown a willingness to go totally rouge and have voted against Trump several times this administration alone, but they always could go rouge I suppose. And of course they make shitty decisions like these.
Overturning Roe was a rogue act, completely defying precedent. Just recently they ruled that banning healthcare for trans children is constitutional too, despite it clearly being discrimination based on sex i.e. a recognized class.
They’re making rogue decisions all the time, they just occasionally rule against Trump so you don’t start losing faith in the Courts and don’t start looking for alternative solutions.
Unfortunately viewed from the constitutionalist theory which has always existed within the court it does make sense. There is a fair argument, one i personally disagree with, that the result of Roe is not in the constitution and therefore not something the court can legislate from the bench. Likewise with the arguments used against Trans youth.
I don’t like these decisions, I don’t support these decisions, but they do exist within the traditional frameworks and legal arguments of courts past. We’ve been rather fortunate for the past 30 or so years to have a more liberal court that prefers to take an interpretive view.
The only decision they’ve made recently that is outside of that is the idea that the president has total immunity for “official acts” that has no basis in the constitution at all.
If anything the current court make up emphasizes why things like Roe should have been codified years ago.
These are dark times for many of the liberties we all enjoy, but for the most part this courts actions do line up with historical precedent of a conservative court. It is a nightmare, and far too many people are going to suffer. I just hope that we all make it out of this and Institute real reforms across the board.
Defying precedence is a rogue act, regardless of whether they can reverse engineer an argument for it or not. The Constitution didn’t change, going rogue and declaring old decisions “wrong” delegitimizes their whole role. If they can just make up new decisions we don’t have laws, we have opinions.
As to the attack on gender affirming care, sexual discrimination is federally prohibited by law because sex is a federally protected class. That’s the law. If you read their decision, their argument is basically “it doesn’t count because reasons” and it’s entirely farcical. Another rogue decision.
And they just made a new rogue decision taking away habeas corpus from anyone sent to another country by ICE. Now Courts can’t stop deportations, people will get deported to third countries and then have to argue that their deportation was illegal.
You know we’re probably very close on the political spectrum.
I’ve just studied a lot history, and you’ve basically described the entire debate that’s been within the Supreme Court since day 1.
Look at slavery and segregation. They ruled in favor of those several times, and eventually they even reversed their decisions. Like you said the constitution didn’t change the court did. I wouldn’t say ending school segregation was a rogue act.
I personally hate this court. But I think it is very important to analyze these decisions in the historical context of the court.
Like I said these decisions are terrible for the American people, they will take decades to repair, and cause terrible harm. My hope is we make it out of this and we have true reform of the courts.
Between you and me I’d love to see this whole system torn down, but I’m doubtful that will happen in my lifetime.
And I’ll give you the suspension of habeas corpus and they released a multitude of decisions today. Your comment from days ago is now much much more accurate imo based on the decisions of the past 2 days.
In our system a large enough majority in congress can overrule a lot of what the courts are doing unless they go absolutely bonkers.
The court can say there’s nothing the in the constitution that prevents “X”, but congress with a large enough majority can pass a bill without the president’s signature to expressly allow “X”.
Our courts have not yet shown a willingness to go totally rouge and have voted against Trump several times this administration alone, but they always could go rouge I suppose. And of course they make shitty decisions like these.
Overturning Roe was a rogue act, completely defying precedent. Just recently they ruled that banning healthcare for trans children is constitutional too, despite it clearly being discrimination based on sex i.e. a recognized class.
They’re making rogue decisions all the time, they just occasionally rule against Trump so you don’t start losing faith in the Courts and don’t start looking for alternative solutions.
deleted by creator
Unfortunately viewed from the constitutionalist theory which has always existed within the court it does make sense. There is a fair argument, one i personally disagree with, that the result of Roe is not in the constitution and therefore not something the court can legislate from the bench. Likewise with the arguments used against Trans youth.
I don’t like these decisions, I don’t support these decisions, but they do exist within the traditional frameworks and legal arguments of courts past. We’ve been rather fortunate for the past 30 or so years to have a more liberal court that prefers to take an interpretive view.
The only decision they’ve made recently that is outside of that is the idea that the president has total immunity for “official acts” that has no basis in the constitution at all.
If anything the current court make up emphasizes why things like Roe should have been codified years ago.
These are dark times for many of the liberties we all enjoy, but for the most part this courts actions do line up with historical precedent of a conservative court. It is a nightmare, and far too many people are going to suffer. I just hope that we all make it out of this and Institute real reforms across the board.
Defying precedence is a rogue act, regardless of whether they can reverse engineer an argument for it or not. The Constitution didn’t change, going rogue and declaring old decisions “wrong” delegitimizes their whole role. If they can just make up new decisions we don’t have laws, we have opinions.
As to the attack on gender affirming care, sexual discrimination is federally prohibited by law because sex is a federally protected class. That’s the law. If you read their decision, their argument is basically “it doesn’t count because reasons” and it’s entirely farcical. Another rogue decision.
And they just made a new rogue decision taking away habeas corpus from anyone sent to another country by ICE. Now Courts can’t stop deportations, people will get deported to third countries and then have to argue that their deportation was illegal.
Stop defending the Court. It’s embarrassing.
You know we’re probably very close on the political spectrum.
I’ve just studied a lot history, and you’ve basically described the entire debate that’s been within the Supreme Court since day 1.
Look at slavery and segregation. They ruled in favor of those several times, and eventually they even reversed their decisions. Like you said the constitution didn’t change the court did. I wouldn’t say ending school segregation was a rogue act.
I personally hate this court. But I think it is very important to analyze these decisions in the historical context of the court.
Like I said these decisions are terrible for the American people, they will take decades to repair, and cause terrible harm. My hope is we make it out of this and we have true reform of the courts.
Between you and me I’d love to see this whole system torn down, but I’m doubtful that will happen in my lifetime.
And I’ll give you the suspension of habeas corpus and they released a multitude of decisions today. Your comment from days ago is now much much more accurate imo based on the decisions of the past 2 days.