Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

How Liberals Could Declare War on Brett Kavanaugh’s Supreme Court
Slate ^ | 10-4-18 | Mark Joseph Stern

Posted on 10/05/2018 12:49:08 PM PDT by DeweyCA

By all indications, Brett Kavanaugh is about to be confirmed to the Supreme Court.... His confirmation ... will plunge the Supreme Court into a legitimacy crisis that could weaken its power over the long term. This crisis will become particularly acute if Democrats retake Congress and the presidency but find their reforms stymied by a reactionary judiciary. The broad consensus over the court’s authority to interpret the Constitution will crumble. (...)

(...) But what happens when Democrats take back the legislative and executive branches? What if Democrats pass Medicare for All, and the Supreme Court strikes it down, with Kavanaugh casting the decisive fifth vote? It’s not hard to envision Democrats marching in the streets, demanding that the president and Congress ignore the ruling.

(...) Blue states may be pressured to disregard his decisions. And the president could decline to compel them to follow the high court’s rulings.

In 2003, Justice Stephen Breyer referred to the “miracle” of national compliance with the court’s edicts, even in the wake of “controversial decisions” like Bush v. Gore. There is nothing inevitable or self-sustaining about this “miracle.” (...) The truth is that we haven’t seen massive resistance to the Supreme Court since the segregation battles of the 1950s and ’60s. And despite two presidents’ celebrated efforts to integrate schools with the help of the National Guard, the South’s resistance succeeded in slowing the pace of desegregation.

This precedent is appalling. But it demonstrates that the playbook can work. Progressives should recognize the danger in adopting the tactics of segregationists. (...) But if he leads the court into a frenzy of reactionary jurisprudence, progressives may feel they have no other alternative.

No matter the end result of liberal defiance, it will likely transform the Supreme Court’s legitimacy crisis into a full-blown constitutional crisis. (...)

(Excerpt) Read more at slate.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: progressives; progressivism; resistance; ruleoflaw; scotus
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-78 next last
To: ctdonath2

There is no “constitutional crisis” brewing.

Legislated due process is followed.
Don’t like the balance of the court? advocate election of representatives who, when a vacancy arises, will seat someone of your liking.

A “constitutional crisis” only happens when X occurs, and the Constitution simultaneously deems it can _and_ cannot happen.


21 posted on 10/05/2018 1:00:10 PM PDT by ctdonath2 (The Red Queen wasn't kidding.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: DeweyCA
It’s not hard to envision Democrats marching in the streets, demanding that the president and Congress ignore the ruling.

As long as all they do is march, that is fine. They can demand in one hand and poop in the other....................and probably will.....................

22 posted on 10/05/2018 1:00:30 PM PDT by Red Badger (Q............PREPARE FOR 'SKY IS FALLING' WEEK...........................)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MNJohnnie

Still, I think I need an extra magazine for my car gun.


23 posted on 10/05/2018 1:01:53 PM PDT by cuban leaf
[ Post Reply | Private Reply | To 20 | View Replies]

To: BenLurkin

Amazing how Democrats oppose democracy.
If they don’t win, they seek to invalidate the outcome by any means from abuse of law to outright violence.
Whither “accept the outcome of the election”?


24 posted on 10/05/2018 1:02:16 PM PDT by ctdonath2 (The Red Queen wasn't kidding.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: DeweyCA

Well, as long as they don’t advertise any upcoming softball games....

(My personal favorite sport to play)


25 posted on 10/05/2018 1:02:36 PM PDT by treetopsandroofs
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Sixty.


26 posted on 10/05/2018 1:02:56 PM PDT by Luke21
[ Post Reply | Private Reply | To 15 | View Replies]

To: OddLane

Roger that. I don’t see a downside to that result.


27 posted on 10/05/2018 1:03:00 PM PDT by afsnco (18 of 20 in AF JAG)
[ Post Reply | Private Reply | To 7 | View Replies]

To: DeweyCA
This crisis will become particularly acute if Democrats retake Congress and the presidency but find their reforms stymied by a reactionary judiciary.

Hmmm - seems like the ruling by liberal judges against Trump's policies. But THAT is A-OK.

28 posted on 10/05/2018 1:03:12 PM PDT by dirtboy
[ Post Reply | Private Reply | To 1 | View Replies]

To: I want the USA back

To paraphrase Hillaire Belloc on the Maxim machine gun...

Whatever happens, we have got Trump, and they have not.


29 posted on 10/05/2018 1:04:56 PM PDT by Covenantor (Men are ruled...by liars who refuse them news, and by fools who cannot govern. " Chesterton)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DeweyCA
will plunge the Supreme Court into a legitimacy crisis that could weaken its power over the long term

They say that as if it were a BAD thing.

30 posted on 10/05/2018 1:05:02 PM PDT by eddie willers
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeweyCA
The Left thinks it can dictate the legitimacy or lack there-of, of our Constitutional Branches of government. Nothing could be further from the truth.

By all indications, Brett Kavanaugh is about to be confirmed to the Supreme Court... His confirmation... will plunge the Supreme Court into a legitimacy crisis that could weaken its power over the long term

This is simply one more in a long line of pipe dreams the left has concocted over the last thirty years.

They have at one time or another trashed the National Anthem, the Pledge of Allegiance, the Second Amendment, the U. S. Constitution itself, the Presidency, and now the SCOTUS.

These people have a severe distaste for our nation. The institutions are not perfect, but they are our institutions and for lack of a better way to govern a nation, these people need to grow up, act like adults whose faculties are in tact.

This isn't the third grade where you go home to your mommy and complain about how unfair things are.

The glaring fact is, the majority of our populace can't stand the Democrat's and their hatred for this nation. They reject them time and again.

It's also why the Democrats can't even run on a firm platform, they're so far outside the mainstream. Instead they have to attack their opponent based on charges of a personal nature. They destroy rather than build up.

Salon, you stink like an eighteen month old used foot pad.

31 posted on 10/05/2018 1:06:06 PM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 from 50% increase in 1.2183 yrs)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Telepathic Intruder
"They’re already talking impeachment. But like their empty threats about Trump, you have to ask “for what”? You can’t impeach because of pure partisan politics."

Dems are blowing hot air on Kavanaugh impeachment, but if they decide it is politically expedient to do it, and somehow had the votes, they could do it under the guise of sexual assault/attempted rape.

32 posted on 10/05/2018 1:07:24 PM PDT by Wayne07
[ Post Reply | Private Reply | To 9 | View Replies]

To: DeweyCA

bookmark


33 posted on 10/05/2018 1:07:38 PM PDT by GOP Poet
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeweyCA

My humble guesses:
Kavanaugh confirmed.
Progressives stage temper tantrums.
Calls for Kavanaugh to recuse on every case.
Absolute freak out when Kavanaugh casts deciding vote on
natural born citizen status of Kamala Harris.
Dats when de stuff gon get real.
Just speculating.


34 posted on 10/05/2018 1:08:32 PM PDT by Palio di Siena
[ Post Reply | Private Reply | To 1 | View Replies]

To: cuban leaf

yep an a few thousand more rounds of ammo just in case


35 posted on 10/05/2018 1:08:37 PM PDT by MNJohnnie (2016: For the first time since 1984, I voted for a Rep President all other votes were anti Dem)
[ Post Reply | Private Reply | To 23 | View Replies]

To: DeweyCA

The Supreme Court has become too big for its britches anyway. If the libs refuse to honor Supreme Court orders, then that makes it easy for conservatives, doesn’t it?


36 posted on 10/05/2018 1:11:55 PM PDT by Brilliant
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeweyCA

One of the problems with relying upon an oligarchy of 5 out of 9 unelected lifetime appointed Justices to rule over every aspect of our lives is that a different 5 out of 9 Justices can always decide to rule differently.

Can you imagine how the democrats are going to react when President Trump gets to replace Ruth Buzzi Ginsburg?


37 posted on 10/05/2018 1:12:18 PM PDT by Bubba_Leroy (The Obamanation has ended!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: afsnco
Interestingly, I just finished reading the chapter of Pat Buchanan's latest phenomenal book about the Nixon White House which focuses on Nixon's attempts to reshape the Warren Court.

It really puts into perspective what the consequences have been of empowering the Supreme Court.

38 posted on 10/05/2018 1:13:05 PM PDT by OddLane
[ Post Reply | Private Reply | To 27 | View Replies]

To: I want the USA back

After this crisis we will forget NOTHING.


39 posted on 10/05/2018 1:15:11 PM PDT by madison10 (Pray for President Trump, Judge Kavanaugh, Jeff Flake and their families)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DeweyCA
The truth is that we haven’t seen massive resistance to the Supreme Court since the segregation battles of the 1950s and ’60s.

So how did it work out for democrats when they fought against the Supreme Court's desegregation decisions in the 1950s and 60s?

40 posted on 10/05/2018 1:15:42 PM PDT by Bubba_Leroy (The Obamanation has ended!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-78 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson