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   Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:13:37 JST Nonilex

   Joe #Biden Issues a Stinging Dissent

   by @jbouie

   #SCOTUS is caught in a crisis of its own making.

   There is the gross #corruption of Justice #ClarenceThomas & Justice Samuel #Alito, who have received millions… in gifts & benefits from various billionaire benefactors.

   There is the court’s open assault on the basic #rights of tens of millions of Americans,

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   #law #ActivistCourt
   https://www.nytimes.com/2024/08/02/opinion/biden-supreme-court-reform-constitution.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

   • Tim Chambers repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:13:36 JST Nonilex

     in reply to

     exemplified in its decision to overturn the constitutional right to #abortion on the basis of a vague & inconsistent standard of “text, history & tradition.”

     & there is the hubris of ChiefJustice #JohnRoberts, who, the #legal scholar EricJSegall writes, has “led the court to coerce both state & federal govts to abide by his personal preferences, whether or not positive legal sources supported those decisions & at times even when prior #law …clearly did not justify the chief’s opinions & votes.”

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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:33 JST Nonilex

     in reply to

     Whether or not #Biden’s reform plan can pass, it is important that he has planted a flag in opposition to #SCOTUS — a marker for the next generation of #Democrats to work from. And VP #KamalaHarris …has already said that she will pick up the standard if elected in November.

     “There is a clear crisis of confidence facing the #SupremeCourt as its fairness has been called into question after numerous #ethics scandals & decision after decision overturning longstanding #precedent,” Harris said…

     #law

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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:34 JST Nonilex

     in reply to

     #Biden’s proposal is a declaration that #SCOTUS is wrong about the #Constitution, that it has abused its power & influence & that it needs to be checked & balanced. He is, of course, far from the first president to do this — Abraham Lincoln & Franklin Roosevelt come to mind — but he is the first modern #Democratic president to recognize that the court as constituted is a major obstacle to the party’s ability to #govern in accordance w/its popular mandate.

     #law #ActivistCourt #CourtReform

     Tim Chambers repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:35 JST Nonilex

     in reply to

     …#Biden’s proposal is worthwhile. Not because there is a good chance of it becoming #law —important constitutional questions aside, there is almost no chance that #Democrats could elect the overwhelming congressional majorities needed to pass the package into law—but because it represents something almost novel in contemporary American #politics: a willingness to challenge #SCOTUS as a #political entity & to offer, in response, an alternative constitutional vision.

     #ActivistCourt #PartisanCourt

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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:36 JST Nonilex

     in reply to

     The #Constitution means whatever the #JohnRoberts court says it means, even when that meaning conflicts w/the basic principles of American #democracy.

     It is against this backdrop of institutional #dysfunction & #judicial arrogance that President #Biden, fresh from his decision to leave the campaign trail in favor of his vice president, introduced his three-point package of #SupremeCourt reforms.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ExtremistCourt #CorruptCourt #DarkMoney #CourtReform

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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:37 JST Nonilex

     in reply to

     In just the last term, the Roberts court has rewritten the #14thAmendment to keep Donald #Trump on the presidential ballot as well as radically expanded presidential #power in direct contravention of the history, text & structure of the #Constitution.

     We have, in other words, a #corrupt & #lawless court that, led by its #conservative majority, has put itself above the constitutional system as the exclusive arbiter of constitutional meaning.

     #law #SCOTUS #ActivistCourt #CourtReform

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     Nonilex (nonilex@masto.ai)'s status on Sunday, 04-Aug-2024 03:31:38 JST Nonilex

     in reply to

     It is a testament to #JohnRoberts’s skill as a #politician that he is often viewed as a modest & moderate #judicial institutionalist when, in fact, he has used his position on the court to spearhead a remarkable campaign of #judicial activism. In cases like #ShelbyCountyVHolder in 2013 & the more recent #WestVirginiaVEPA, Roberts all but deployed novel constitutional doctrines (“equal state sovereignty” & the “major questions doctrine”) to achieve his preferred results.

     #law #SCOTUS