a thoughtful web.
Good ideas and conversation. No ads, no tracking.   Login or Take a Tour!
comment by kleinbl00
kleinbl00  ·  259 days ago  ·  link  ·    ·  parent  ·  post: The New "Over the Top" Secret Plan on How Fascists Could Win in 2024

The Supreme Court has not surprised me since June 2012, when Roberts ruled "mmmyeah, healthcare gets to stand because of interstate commerce laws." We were coming back from Vandenberg, having shot a video of the Delta IV Heavy with the last KH11 go up, specifically to spy on bin Laden. Listening to NPR for some reason and lo and behold, Obamacare.

It's abundantly clear that Roberts' politics are to the right of mine but it's also clear he values his job over his ideology. That's what's saved the court in the past - pragmatism. They have no enforcement arm. They rely on reasonable agreement between the branches or it all falls apart. The "switch in time that saved nine" was a conservative court not wanting the New Deal so badly they were willing to become 17 justices.

There are pragmatists on the court. There are also lazy, incompetent ideologues who are perfectly happy to go "myeah, let's just toss Roe because we fucking feel like it." The more ideological the court becomes, the more they depend on their ideology being in office to not get circumvented. Lost in all this shirt rending is the undeniable reality that the Republicans have the positions they do because of parliamentary procedure, not popularity; they acknowledged back in Tom DeLay's time that they were going to be a permanent minority and the only way to preserve power was through gerrymandering and packing the court.

And it either goes full fascism or it snaps back. Period.





am_Unition  ·  259 days ago  ·  link  ·  

    Roberts' politics are to the right of mine but it's also clear he values his job over his ideology.

No, I agree that Roberts might genuinely think that he's tending to the legitimacy of SCOTUS by doing this normally. But at least four or five of the other justices are pushing for this out of ideology.

kleinbl00  ·  259 days ago  ·  link  ·  

    There are also lazy, incompetent ideologues who are perfectly happy to go "myeah, let's just toss Roe because we fucking feel like it."
am_Unition  ·  259 days ago  ·  link  ·  

What's sad is that Trump's expectation that they immediately take it up and grant him immunity because he appointed three of them provides cover for them to drag this out by saying "look, we didn't do exactly what Trump wanted", even though the effect of this delay is exactly the same.

spencerflem  ·  259 days ago  ·  link  ·  

What's the democrats plan to restore legitimacy to the court?

kleinbl00  ·  259 days ago  ·  link  ·  

I haven't seen any discussion on it. pretty much any discussion of the supreme court gets howls of "COURT PACKING!!!!!!1111one" so I'd probably play it close to my chest, too. If you look at actions, you see Biden appointing women and minorities nearly as fast as Trump appointed lickspittles. Meanwhile the conservatives are really mad about the idea that there has historically been one supreme court justice per circuit, which would put the number at 13.

spencerflem  ·  259 days ago  ·  link  ·  

I have aboslutely no faith that they will be willing to do it. They couldn't break the filibuster for Obamacare with almost a supermajority, and the filibuster is a boring procedural thing you have to be tricked into caring about. Adding more justices is the right thing to do, but its dramatic.

I'd love to be proven wrong

[edit: what's your opinion on impeachment? I always thought that was the more politically correct option and the results are the same]

kleinbl00  ·  259 days ago  ·  link  ·  

So there's "your faith" and there's "where things go."

If there's any one nugget I want you to keep in mind it's this: Joe Biden's career was destroyed 27 years ago. Pulled out of the presidential race in shame. Chaos reigned, articles about how everyone who was anyone knew he was a cheating fucktard who needed to burn in flames.

Then Lee Atwater died.

I've said this before and I'll say it again - Biden - and the Democrats who grew up with him - have been battle-tested by the meanest mutherfucker ever to grace the campaign stage. They were fucking flayed. You wanna talk straight antichrist it's Lee Fucking Atwater and everything that has come after has been comic opera in comparison.

The heinous political environment we inhabit now was built, brick by brick, by a dude so evil his own brain killed him for the betterment of all mankind. Every skirmish since then has been in the ashes of his conflagration - ain't no Contract With America without Morning in America, ain't no Tea Party without Contract with America, ain't no Make America Great Again without Tea Party.

But you can't say "maybe they're more clever than we give them credit for" without some wag bringing up "3d chess" like somehow being smart is worthy of snark in and of itself.

I think impeachment was a foregone fucking conclusion until Lee Atwater led the party to a place of antibellum evil. Now? I mean just fuckin' ask Moscow Mitch.

spencerflem  ·  259 days ago  ·  link  ·  

I don't get your conclusion, Mitch has been pushed out of his party for not being MAGA enough, but I don't see how that relates.

Packing the courts seems so out of character for them. I think if they win they'll legislate around the court as much as they can, and otherwise just accept losing. They know how to lose pretty well, I think they're used to it at this point.

Id give 100:1 odds that by the end of the next term, they have not packed the court, and 10:1 odds that Biden never even pitches the option

kleinbl00  ·  259 days ago  ·  link  ·  

sigh

what might my conclusion possibly fucking be

You don't NEED to make this so exhausting

am_Unition  ·  259 days ago  ·  link  ·  

    But you can't say "maybe they're more clever than we give them credit for" without some wag bringing up "3d chess" like somehow being smart is worthy of snark in and of itself.

    I think impeachment was a foregone fucking conclusion until Lee Atwater led the party to a place of antibellum evil. Now? I mean just fuckin' ask Moscow Mitch.

I'm also kinda puzzling over those paragraphs. It seems like you're saying that Congress impeaching a SCOTUS judge was never going to happen until the GOP went off the deep end starting with Atwater, and McConnell's 2016 shenanigans now make impeachment something that's on the table? But they're not even considering it, even as Clarence Thomas refuses to recuse when we know his wife is batshit fuckin' crazy and was involved in the insurrection herself.

Just posting this for alllllllll to see:

    She sent messages that had been making the rounds on pro-Trump sites, where anger over the election echoed her own raw feelings, including this passage: “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.”

I mean what in the FUCK?!? A SCOTUS spouse. Who is known to deeply influence the SCOTUS member. Is in fucking Q-Anon. And there is a 0% chance that she's realized the error of her ways. What a goddamn joke that the dems are throwing up their hands.

b_b  ·  259 days ago  ·  link  ·  

No one in government is more deserving of impeachment that Thomas, not least because of his obvious perjury during his confirmation hearings. I just think no one wants to cross that Rubicon.

am_Unition  ·  259 days ago  ·  link  ·  

Thoughts and prayers.