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 last
To: DeweyCA

This is something I think people forget about the Supreme Court.

90% of the cases they hear, or are willing to hear, are not so easily put into Liberal sides and Conservative sides.

Most of them are boring lawyer talk debates that most of us never hear about, and if we did we did, we wouldn’t even care how the Supreme Court rules.

Lawyers being Lawyers. They are all a bunch of blowhards.


61 posted on 10/05/2018 2:12:24 PM PDT by skinndogNN
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

steps to socialism.

1 ... delegitimize the judicial branch and pack it with cronies.
2 ... delegitmize the legislative branch and whip them whenever they deviate from the party line.
3 ... Confiscate free markets and industry and manipulate the currency — destroying it, forcing the populus into worrying about their next meal instead of the next election.


62 posted on 10/05/2018 2:16:06 PM PDT by Fhios (♫ Oh Where have you been Jeffy boy Jeffy boy oh where have you been charming Jeffy?)
[ Post Reply | Private Reply | To 17 | View Replies]

To: WashingtonFire

“These bastards really want war don’t they ?”

Just separate a couple of them from the herd during a protest and beat them within an inch of their lives. The rest of them will stop doing this very quickly.


63 posted on 10/05/2018 2:24:09 PM PDT by EQAndyBuzz (Proud member of the DWN party. (Deplorable Wing Nut))
[ Post Reply | Private Reply | To 50 | View Replies]

To: Behind the Blue Wall
The bureaucracy will become the fourth branch of government, more powerful than the Congress, the non-civil service Executive

What keeps the Deep State alive is vulnerable to the stroke of the President's pen. Without JFK's Executive Order legalizing them, there would be no unions for Federal employees, and rank-and-file bureaucrats could be dismissed at will, just like the "political" appointees.

President Trump could begin the destruction of the Swamp with a signature--no more secret, unaccountable hands working for the American taxpayers' domestic and foreign enemies.

64 posted on 10/05/2018 2:27:59 PM PDT by SamuraiScot (am)
[ Post Reply | Private Reply | To 19 | View Replies]

To: ctdonath2

Also how the today’s dems always forget it that the dems were the ones opposed to civil rights & ending segregation...


65 posted on 10/05/2018 2:47:07 PM PDT by NativeSon ( Grease the floor with Crisco when I dance the Disco)
[ Post Reply | Private Reply | To 24 | View Replies]

To: SamuraiScot

Yes, that would be a good start. Civil service protections might be appropriate for line-level law enforcement officers and postal workers, but they make a lot less sense as you get higher in the org charts.


66 posted on 10/05/2018 2:49:40 PM PDT by Behind the Blue Wall
[ Post Reply | Private Reply | To 64 | View Replies]

To: DeweyCA

So liberal leaning court, everything is super, scotus can crush congress and president and rewrite laws.

Conservative leaning court, now no legitimacy, weak court, bla bla bla...

Because no one bought the paid for soros deep state smear job on a guy whos been spotless his entire career, investigated 6 times already and never uncovered this, the prime witness cant remember critical details and her own past is hardcore partying and sex.

Yeah the court is doomed. Right libtards. Go fuch yourselves.


67 posted on 10/05/2018 3:03:57 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeweyCA

One of the DEMS plans when they gain control back is extend the SC members from 9 to 11.


68 posted on 10/05/2018 3:20:07 PM PDT by Engedi
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeweyCA

“A frenzy of reactionary jurisprudence?” I wonder what, exactly, that might look like. Protecting the free speech rights of someone who asserts that men can’t have babies and women don’t have penises?


69 posted on 10/05/2018 3:21:54 PM PDT by sphinx
[ Post Reply | Private Reply | To 1 | View Replies]

To: Covenantor
lol the Ocasiocrats
70 posted on 10/05/2018 3:35:28 PM PDT by Phil DiBasquette
[ Post Reply | Private Reply | To 41 | View Replies]

To: Behind the Blue Wall

“The bureaucracy will become the fourth branch of government, more powerful than the Congress, the non-civil service Executive, and the Judiciary combined.”

How will that happen when Americans no longer recognize their authority?


71 posted on 10/05/2018 3:35:48 PM PDT by sergeantdave (Teach a man to fish and he'll steal your gear and sell it)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Phil DiBasquette

ROTFLOL!


72 posted on 10/05/2018 3:38:15 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 70 | View Replies]

To: DeweyCA

Hilarious. Leftists claim there is a “legitimacy crisis” when they don’t get their way.

No there isn’t. You just lost. You’ll just have to deal with it - buttercup.


73 posted on 10/05/2018 3:41:49 PM PDT by FLT-bird
[ Post Reply | Private Reply | To 1 | View Replies]

To: CIB-173RDABN

You damn sure earned that CIB in the herd. I value mine and the jump wings ( both US and Viet). I recall those outstanding SF NCO’s with either an 11th Air Assault or 187th RCT patch on their right shoulder. Today we do not have a Congress full of WWII Vets like we remember. We have too many males who are not men.


74 posted on 10/05/2018 4:25:34 PM PDT by Lumper20 (DC is AFGE Union Punks,Our Congress Critters have AFGE INS plus FERS.)
[ Post Reply | Private Reply | To 43 | View Replies]

To: madison10

I suggest they secede and take all the radical morons, deadbeats, feminazis, illegals, bums, trans-whatevers, BLM thugs, gender and ethnic studies professors, and Democrat politicians with them. Then build the best wall we can to keep them out.


75 posted on 10/05/2018 4:33:06 PM PDT by Pining_4_TX (..Do not be frightened, and do not be dismayed, for the Lord your God is with you.. Joshua 1:9)
[ Post Reply | Private Reply | To 3 | View Replies]

To: DeweyCA
This is big talk, but facing a razor-thin Senate majority opposition, it is easy to say. It is altogether likely that there will be a reversion towards, at least, the mean of half-and half Democrats and Republicans within the ranks of Senators elected in 2018. If so, it will become possible - and with the “resistance” mentality of this article, necessary - to take the most logical interpretation of events to court.

The most logical assumption which fits the evidence best is that


76 posted on 10/05/2018 4:56:56 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
[ Post Reply | Private Reply | To 1 | View Replies]

You know all those aggressive scenarios playing over and over in your head? Those are called daydreams because they are a reflection of structure of your very mind and soul. Don’t tell anyone about your daydreams as it lays out your brain templates you constantly fill and refill with consciousness.


77 posted on 10/05/2018 6:35:08 PM PDT by USCG SimTech
[ Post Reply | Private Reply | To 5 | View Replies]

To: cuban leaf

“My concern is how much the left will riot when this thing is settled, and then how much they will riot in November.”

The more they riot, the better we do in the elections.


78 posted on 10/05/2018 6:50:53 PM PDT by Personal Responsibility (If we disarmed democrats gun violence would decrease by 90%.)
[ Post Reply | Private Reply | To 13 | View Replies]


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