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Star Member Nevilledog (35,382 posts)https://www.democraticunderground.com/100216602772Roberts Has Lost Control of the Supreme Court*snip*But far more than ever before, the court is using procedural orders on applications for emergency relief while appeals work their way through the courts to resolve disputes affecting the lives of millions of Americans — whether in blocking a rule from the Occupational Safety and Health Administration on a vaccination mandate for large employers, refusing to block Texas’ ban on most abortions after six weeks or putting back into effect congressional district maps that two Alabama lower courts struck down as violating the Voting Rights Act.Time and again, the justices are ordering lower courts to treat these decisions as precedents — even when, as in last week’s ruling, the order includes no analysis to apply to other cases, which often makes the precedent difficult for lower courts to apply.Unsurprisingly, these rulings have provoked increasingly strident dissents from the court’s liberal justices. Last September, when the justices refused, by a 5-to-4 vote, to halt the patently unconstitutional Texas abortion law, Justice Kagan criticized the majority not just for the substance of its ruling but also for what that ruling said about the shadow docket. She wrote, “The majority’s decision is emblematic of too much of this court’s shadow-docket decision making — which every day becomes more unreasoned, inconsistent and impossible to defend.”Last week, by freezing a district court injunction despite a lack of evidence that it was harming the complaining states, the majority once again defied the requirements for the very emergency relief they granted. Justice Kagan wrote that that renders the court’s “emergency docket not for emergencies at all” but rather “only another place for merits determinations — except made without full briefing and argument.” In other words, the principal justification for shadow docket orders — the need to intervene early in litigation to prevent a party from suffering irreversible harm while the appeal unfolded — was nowhere to be found.*snip*
Star Member gab13by13 (9,347 posts) 1. What could be better in an autocracy?A partisan, fascist Supreme Court to give the appearance of justice.Alito is worse than Thomas and he wants to be Chief Justice.
Star Member lamp_shade (14,106 posts) 2. I wonder if he has considered retirement.
Star Member Carlitos Brigante (24,866 posts) 4. The so called "Roberts court" was always garbage. It was Scalia'sto begin with.
Star Member Celerity (28,015 posts) 17. Whoever is POTUS at the time of the death or retirement of the Chief Justice nominatesthe new one. Even if the nominee is already in the SCOTUS, they have to be confirmed by the Senate, and then their Associate Justice slot is filled by a new person, who always must be confirmed by the Senate.
Star Member CrispyQ (31,658 posts) 5. +1It’s understandable, then, why Chief Justice Roberts would finally speak out. No one better understands the stakes for the court’s credibility — and institutional viability. If even his objections can’t persuade the other conservatives to stop abusing the shadow docket, then that may signal the willingness of the court’s conservative majority to go even further in the future and to use the shadow docket to resolve even more significant and contentious constitutional questions.Is there any question they're going to do this? They're going to shove all their white, patriarchal, Christian bullshit down our throats. I hate how everyone continues to call republicans conservatives when they are extremists.
Star Member DFW (46,778 posts) 36. I NEVER call Republicans "conservatives."They are anything BUT conservative. "Conservative" implies given to caution, deliberation before acting, risk-averse, and a healthy respect for precedent. This is the very opposite of the wild-eyed radicals of the Trump three plus Alito and Thomas. They are no conservative bloc. They are more like fanatic knights errant of the Spanish Inquisition.
Star Member KPN (13,362 posts) 6. Wasn't the administration pursuing a review of the options regarding SCOTUS reform? What happenedto that? Isn't it time to do something before it is too late to do something in that regard? I don't know, but there certainly seems to be some sentiment that the President has some leeway regarding the size of the court. If so, maybe that leeway sould be used -- again before it is too late.Just sayin' ...
Star Member Thunderbeast (2,167 posts) 9. Republicans have destroyed all three branches of constitutional governance.Abuse of power in the executive.Abuse of the Filibuster and judicial confirmations in the legislative branch.Railroading ideological opinions without debate in the Supreme Court.There is no more "good faith" lens used by any of our leaders.Very sad to see what we've lost.
Star Member Celerity (28,015 posts) 18. Plus the state legislatures, executives, and courts, who are often even even morebatshit cray christofascist RWNJ's.
Star Member PatrickforB (13,464 posts) 11. The nail in that coffin was Conehead. She's a miserable Federalist Societyproduct that has absolutely NO courtroom experience.And then Kegger Kav.When they overturn Roe, maybe people will begin to VOTE Democrats in.
fescuerescue (3,996 posts) 27. Kagan was never a judge beforeBut I wouldn't call her a Conehead. Good lord.She's on our side.
Star Member lamp_shade (14,106 posts) 32. I think Patrick meant Coney Barrett.
fescuerescue (3,996 posts) 62. Ah ok. the "no courtroom experience" comment confused me.It actually only applies to Kagan.Nonetheless, she's probably the best judge on the bench right now.
Star Member paleotn (13,005 posts) 13. Oh, the shadow docket. Is the Reich legislating from the bench?Something they've whined and boohooed about since Brown v Board? Surely not. ****ing hypocrites.
Star Member andym (4,909 posts) 15. Shows how important the culture wars are to the GOPPlacing those conservative justices to overturn Roe V Wade and set a conservative agenda as activist judges was key to keep some Americans identifying as Republicans.
Buckeyeblue (4,270 posts) 24. I used to think Roberts cared. I'm not sure he does.If he cared, he would be more vocal about what the Facist-5 are doing. A strongly worded opinion seems more like he is giving himself cover than anything else.He could resign. The Facist-5 would still be in the majority...but only by a heartbeat.He's not going to resign though.
Star Member Turbineguy (33,782 posts) 33. One of Trump's successes in Putin's bid to destroy the USas long as it lasts.Then it will take years to claw back
Farmer-Rick (6,172 posts) 38. Too bad there are no solutions in the US Constitution.Oh wait......Impeachment, pay and make up of the court are all Congress's tools. They need to start using them. There use to be only 6 justices, we need to add more.Do you think if GOPers wanted more justices on the court to destroy a liberal majority they wouldn't do it? Of course they would ina heart beat.Do you think TFG wouldn't have done it? I'm surprised they didn't impeach the few liberals on the court before TFG got voted out a 2nd time.
Star Member bucolic_frolic (30,794 posts) 50. 3 stolen seats, Alito & Thomas unable to reasonThere you have it. We have rule by ideology and not by law. The Constitution has been gamed, they found obscure holes that didn't exist and whacked them open with stupidity. I don't know where we go from here.
Unsurprisingly, these rulings have provoked increasingly strident dissents from the court’s liberal justices.
Railroading ideological opinions without debate in the Supreme Court.
There's a reason why patriotism is considered a conservative value. Watch a Tea Party rally and you'll see people proudly raising the American flag and showing pride in U.S. heroes such as Thomas Jefferson. Watch an OWS rally and you'll see people burning the American flag while showing pride in communist heroes such as Che Guevera. --Bob, from some news site
