• InevitableSwing [none/use name]@hexbear.net
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    8 months ago

    Uh, oh. What was the vote? Do I want to know?

    -–

    Edit

    While the decision was unanimous, the liberal justices wrote a sharp concurrence that accused the conservative majority of going further than needed

    Oh! A sharp concurrence!

  • itappearsthat@hexbear.net
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    8 months ago

    Keep your eye on the ball, people. If the dems literally never lose another election they should take the court back by 2050 and then start reversing all the terrible rulings that will happen in the next 25 years. I mean they won’t actually do that last part because they’ll treat those rulings as precedent, bricks in the great edifice of the american project we are all working together to build etc., but anyway I lost my train of thought

    • blakeus12 [they/them, he/him]@hexbear.net
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      8 months ago

      I mean they won’t actually do that last part because they’ll treat those rulings as precedent, bricks in the great edifice of the american project we are all working together to build

      there has never been a more true statement

    • InevitableSwing [none/use name]@hexbear.net
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      8 months ago

      “We, democrats, have learned our lesson with FDR. We can’t risk having too much power or we might be expected to use it.” The narrator says: “Biden/Harris 2024.” Tired Old Joe comes back and says: “I’m Joe Biden and I approve this message.”

  • Leon_Grotsky [comrade/them]@hexbear.net
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    8 months ago

    Damn, that’s crazy. Sounds like the US supreme court is some kind of fascist institution that the Joe Biden administration will surely destroy in their efforts to prevent American Fascism, Right?

  • axont [she/her, comrade/them]@hexbear.net
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    8 months ago

    Would liberals have even wanted this to pass? Indiana or Florida or any of the other states where Republicans do wacky shit would have instantly kicked Biden off the ballot.

  • InevitableSwing [none/use name]@hexbear.net
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    8 months ago

    Bit idea

    It is a time of miracles! In the first miracle - the dems take the house, get more seats in the senate, and Biden wins. In the second miracle - Biden says “We will pack the court.” Note that he goes whole hog and doesn’t even say “expand”. The third miracle is he actually he says they have the votes and they will pass the law in Biden’s first 100 days even though Fetterman is suddenly squishy and hints he might “jump ship” but he doesn’t elaborate.

    In the meantime all six GOP justices do something extremely unusual. They give interviews to very friendly right-wing media outlets. They say they have discovered a legal concept which means they can find court expansion unconstitutional. In the fourth miracle - the dems create a filibuster carveout and pass their court expansion law and threaten to “do something drastic” if the GOP justices find it unconstitutional. Lib experts all say “The conservative justices are bluffing. They cannot do this!”

    The court rules 9-0 that it’s unconstitutional. The 3 lib justices again issue a sharp concurrence. A few days later Justice Kagan is caught on a hot mic saying “I would have voted with the conservative judges anyway. A 6-3 ruling would cause the public to lose faith in the court as an institution. Even worse it would damage the all-important comity that exists between the justices.”

  • InevitableSwing [none/use name]@hexbear.net
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    8 months ago

    Lawrence Tribe (a super lib legal guy) and Michael Luttig (a super right-wing legal guy) were key in pushing the concept that Trump was disqualified by the 14th Amendment section 3 and that it was “self-executing”. Whatever the fuck that was supposed to mean.

    Here’s Luttig’s copium tweet thread. I had to edit it because the it was a mess and the run on sentences turned it into gibberish. It’s still very hard to understand because he’s making a huge effort to obfuscate.

    My thoughts about the Supreme Court’s decision today, with CNN’s Jake Tapper just now. The ruling is astonishing and unprecedented. Not for its decision of the exceedingly narrow — and only — question presented though, significantly, four of the Justices agreed only with the “result” of that decision, and not with its reasoning.

    But rather, for the five-Justice majority’s decision to reach out gratuitously and decide essentially all of the equally, if not more momentous, constitutional questions that would need to be decided in order for the former president or any other person in the future to be disqualified under the Fourteenth Amendment.

    And in the course of unnecessarily deciding all of these questions when they were not even presented by the case, the five-Justice majority effectively decided not only that the former president will never be subject to disqualification, but that no person who ever engages in an insurrection against the Constitution of the United States in the future will be disqualified under the Fourteenth Amendment’s Disqualification Clause.

    The concurrence of Justices Sotomayor, Kagan, and Jackson witheringly explains this.

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