Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases...

WaPo via MSN ^ | 13 May 2019 | Robert Barnes

[thoughtomator]

She’s been dead almost half a year already.

[milagro]

Could this have any affect on the electoral college?

[Oshkalaboomboom]

Of course she is there. She is trying to outlive the Trump administration. I hope she doesn’t but as long as she’s hanging around let her be as miserable as humanly possible.

[Buckeye McFrog]

Suing Andrew Cuomo in an Alabama court could be a whole lot of fun.

[crusher]

In my wildest dreams I imagine the USA having a POTUS with the stones to tell a federal judge from the 666th District of Marxsanity to go pound sand when he/she/it attempts to place an injunction where they have no authority. Then the SCOTUS nationalizes all court decisions, then the Congress defunds and dismantles the Federal Courts. It is a magnificent dream.

If only we had a POTUS with the guts to pick that fight

[Dacula]

The democrats are just waiting until the 2020 election to bring out her dead body and then say that we have to wait until the Presidential election to decide her replacement.

Just like Scalia. He died in February of 2016.

She’s been dead almost half a year already.

[TBP]

It never was. The postwar amendments (13, 14, and 150 INVALIDATED IT.

But how long did Plessy v. Ferguson stand before it was overturned by Brown v. Board of Education? From 1896-1954, or almost 60 years.

By the standards of today's "progressives", that makes it a "superprecedent" which could not be overturned. Yet it was. And 58 years is longer than any ruling currenty standing has stood.

[Beagle8U]

Dunno.

[SMGFan]

Kavanaugh & Roberts voted correctly this time

[Lurker]

Wickard v Filburn needs a review.

L

[FLT-bird]

Good! The SCOTUS had a decidedly Leftist bent in the 60s and 70s. Some of its wackier rulings need to be overturned.

I still won’t feel comfortable until President Trump gets to replace a couple of the Gang of Four with a couple strict constructionists.

[zeugma]

It would be nice if the Chief Justice would find a way to fashion a precedent forbidding District Court judges from usurping the role and duties of the commander-in-chief.

Justice Thomas has written that he's very open to looking at this. As you said though, the court is largely political in many respects. I suspect it will take Ginsberg's death to finally push the court far enough for this action.

[blueplum]

Could a process be created whereby DCJs who choose to sue the Executive Branch, must submit their complaint directly to the Supremes? i.e., Fasttrack? The way it seems to work now is DCJs sue the Exec, time drags and appeals drag, and still end up at the steps of SCOTUS. But the time delay effectively allows DCJs to legislate from the bench during that delay, putting themselves above Leg and Exec branches until the Supremes get around to hearing matter. Surely that wasn’t the intent of our Founders?

[nathanbedford]

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

(Article III)

It would appear that Congress can adjust these matters but there is simply no hope of that occurring so long as the Democrats control The House.

Certainly, the Supreme Court can review a case originating in the District Court and craft an order instructing the district court on remand not to issue a general injunction which then becomes the law of the case and would be presumably applied in other similar cases. The best hope would be for a 5-4 decision because the four leftist judges are nothing but an extension of the Democrat party.

The Supreme Court has not done anything like this, probably because the Chief Justice wants to protect the integrity of the court (meaning protect the popularity of the court) by staying far away from hot issues which called the judicial process itself into question. To issue such an order would be implicitly to admit that the system had gone wrong when the power of the court rests entirely on the general acceptance of the system.

[Jim Noble]

Eight years, 600 000 dead, and 1/3 of the country ruined.