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

Can you imagine how much the political landscape will have changed before that happens?

Let's wait until after the mid-terms.

The Dems got caught in flagrante delicto aligned with the new crazy wing of their party, exposed to all the unaligned voters, whom both parties court...

41 posted on 10/05/2018 1:17:34 PM PDT by Covenantor (Men are ruled...by liars who refuse them news, and by fools who cannot govern. " Chesterton)
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To: DeweyCA

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

They probably wouldn’t have to march in the streets. Obama ignored congress and the courts all on his own.


42 posted on 10/05/2018 1:18:46 PM PDT by ModelBreaker
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To: DeweyCA

This nothing but fantasy. Dreamed up to make they feel better as they lose.

Most of the liberal agenda has been passed by going directly to the courts ignoring the wishes of the people. They are afraid they will lose this back door to their UTOPIA.


43 posted on 10/05/2018 1:19:35 PM PDT by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: Palio di Siena
It's now looking very good for Kavanaugh to get confirmed. If that happens, I'm afraid Roberts will become the new Anthony Kennedy, the "swing vote" in critical decisions.

If RBG dies and Trump gets to name her replacement, that's when a real conservative majority could emerge...so expect the fight over her seat to be even nastier.

44 posted on 10/05/2018 1:21:31 PM PDT by Verginius Rufus
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To: Behind the Blue Wall

Good point. The bureaucracy is the heart and soul of the deep state.


45 posted on 10/05/2018 1:22:35 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: DeweyCA

That is called Secession and it will be put down.


46 posted on 10/05/2018 1:24:21 PM PDT by fortheDeclaration
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To: DeweyCA
So while Republicans have had to live by fraudulent SCOTUS rulings while they had the Presidency and both houses of Congress, Progressives shouldn't.

Kind of reminds me of these quotes from "The Russian Revolution" by Alan Moorehead 1958

"… this was a predatory state which the Czar and a small group of noblemen and bureaucrats ruled for their own exclusive benefit...The ruling group owned all the wealth, enjoyed all the privileges and monopolized all the political power, and it did not intend to give up any of its prerogatives. It considered the peasants to be little better than animals..."

47 posted on 10/05/2018 1:32:54 PM PDT by libertylover (Despite government propaganda, I know the difference between a boy and a girl.)
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To: DeweyCA
Let's get this dusty old piece of paper out:

By the President of the United States of America
A Proclamation

Whereas an insurrection against the Government of the United States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue can not be effectually executed therein conformably to that provision of the Constitution which requires duties to be uniform throughout the United States; and

Whereas a combination of persons engaged in such insurrection have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas and in waters of the United States; and

Whereas an Executive proclamation has been already issued requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon:

Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned and to the protection of the public peace and the lives and property of quiet and orderly citizens pursuing their lawful occupations until Congress shall have assembled and deliberated on the said unlawful proceedings or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the law of nations in such case provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade, a vessel shall approach or shall attempt to leave either of the said ports, she will be duly warned by the commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.

And I hereby proclaim and declare that if any person, under the pretended authority of the said States or under any other pretense, shall molest a vessel of the United States or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this 19th day of April, A.D. 1861, and of the Independence of the United States the eighty-fifth.

Update the specifics and the states in rebellion.
48 posted on 10/05/2018 1:37:36 PM PDT by KarlInOhio (Leave the job, leave the clearance. It should be the same rule for the Swamp as for everyone else.)
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To: Verginius Rufus

Emotion has overcome logic for the progressive wing of the democrat
party. Hopefully the dems find out the hard way that they need to move toward the center in the upcoming mid terms.


49 posted on 10/05/2018 1:38:30 PM PDT by Palio di Siena
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To: DeweyCA

These bastards really want war don’t they ?


50 posted on 10/05/2018 1:38:31 PM PDT by WashingtonFire (President Trump - it's like having your dad as President)
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To: PGR88
The Left’s power lies solely in government spending and coercion.

I only partially agree with this. Their big wins have been when the Supreme Court makes up laws, e.g., Roe v Wade and the pervert marriage law. Also, their power comes from a press that lives on selective distortion and omission.

And see my previous quote from "The Russian Revolution".

51 posted on 10/05/2018 1:38:36 PM PDT by libertylover (Despite government propaganda, I know the difference between a boy and a girl.)
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To: DeweyCA

I don’t see the Supreme Court changing things much except for reining in a few lower judges who think they are dictators.

Abortions will be available in New York and many other leftist states until a constitutional amendment outlaws it nationally.

Trump has let Congress spend every dollar it voted for.


52 posted on 10/05/2018 1:41:59 PM PDT by Brian Griffin
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To: DeweyCA

Slate.com is a WAPO joke.


53 posted on 10/05/2018 1:42:19 PM PDT by Lumper20 (DC is AFGE Union Punks,Our Congress Critters have AFGE INS plus FERS.)
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To: libertylover
Their big wins have been when the Supreme Court makes up laws, e.g., Roe v Wade and the pervert marriage law.

No, I believe my statement still stands. These are effects, not causes. Fed.gov massive spending and massive debt support both of the powerful interest groups and the political structure of the nanny state and permanent bureaucracy who thrive on these issues. Planned Parenthood did not appear overnight - they became a powerhouse over the last 50 years, especially after the start of the welfare state.

I am a sound-money believer. A printed, fiat currency, with manipulated interest rates, and with massive debt it enables will always benefit statist/collectivist schemes and centralized power and coercion.

54 posted on 10/05/2018 1:46:10 PM PDT by PGR88
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To: DeweyCA

People are making predictions assuming things will remain the same. I will predict that things will not remain the same.

We still have the Muller investigation as well as the corruption in the DOJ and FBI.

President Trump appears to be playing with the left... I think he still has a few cards up his sleeve.


55 posted on 10/05/2018 1:46:25 PM PDT by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: DeweyCA

The leftists have so harassed certain Republican senators that they have come to realize they have to confirm Kavanaugh to prevent their lives from becoming constant hell.


56 posted on 10/05/2018 1:47:12 PM PDT by Brian Griffin
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To: DeweyCA

The only “legitimacy” question, if there is one, will be with the brainless Left that is incapable of handling facts. Slate is doing what the Left always does, projection — i.e., accusing others of doing what they are, have, would or will do.


57 posted on 10/05/2018 1:49:32 PM PDT by falcon99
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To: DeweyCA
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

Oh, but the confirmations of Ginsburg, Breyer, Kagan, and Sotomayor did not?

I have been predicting exactly this outcome.

Just as they only accept the result of elections if they win, now they will not accept judicial decisions that don't go their way.

This means war, but unfortunately these people will not offer us an Army of Northern Virginia to contest in the open field.

Instead, they will offer decentralized, leaderless resistance which will have to be rooted out house to house and block to block.

States in open rebellion, like California and New York, will have to be confronted.

They have been allowed to get away with their "resistance" for too long. The time of decision is at hand.

58 posted on 10/05/2018 1:52:00 PM PDT by Jim Noble
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To: Verginius Rufus
If RBG dies and Trump gets to name her replacement, that's when a real conservative majority could emerge...so expect the fight over her seat to be even nastier.

That's why Amy Coney Barrett had to wait a little longer. A woman, but also a solid conservative.

59 posted on 10/05/2018 1:57:54 PM PDT by GCC Catholic (Trump doesn't suffer fools, but fools will suffer Trump. Make America Great Again!)
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To: DeweyCA

The progressive/socialist democrat party will no longer exist in 4 years.


60 posted on 10/05/2018 2:10:07 PM PDT by Louis Foxwell (The denial of the authority of God is the central plank of the Progressive movement.)
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