General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA 6-3 conservative majority Court will overturn every program Biden gets passed.
Expanding the Court isn't just necessary as a matter of fairness. It's also about preserving the programs Biden shepherds through the next (hopefully Democratic) Congress. That includes programs designed to combat climate change, health care reform, etc. infrastructure spending would probably pass muster, but that's about it.
arlyellowdog
(866 posts)If the ACA is overturned, write the law smarter. Win state legislatures. Win elections. We cant count on Ruthie anymore and we are already getting smarter.
Yavin4
(35,438 posts)See: Wisconsin.
Dont expect GOP justices to be any less despicable than GOP Senators.
Theyll just find some sucker to sue about any law they dont like, and zip-zoom-zam the USSC agrees to take the case straight away without it even needing to go through the appeals process, and gives the GOP the overturning they ask for.
Like in WI.
Assume that from here on out, unless the USSC is changed, that republicans will have a defacto veto power over any and all legislation, regulation, executive orders, rule changes, etc.
Yavin4
(35,438 posts)Like Social Security, Medicare, Civil Right laws, everything is on the table. Everything.
kairos12
(12,860 posts)lagomorph777
(30,613 posts)arlyellowdog
(866 posts)ace3csusm
(969 posts)get to a point where the Supreme Court becomes irrelevant take away their power remember the President has ultimate power
BamaRefugee
(3,483 posts)rescinding the most Executive Orders by a previous pResident.
Thekaspervote
(32,764 posts)Everything regardless of how well written or bullet proof. Biden is very savvy, he already sees what will happen. He/we cant have that. Well never get anything accomplished
Initech
(100,068 posts)They want to sabotage all of our ideas and plans for this country, which is why they elected the boorish jackass in the first place. Then it gives their morning drive time program of choice fuel for the fire, so they can say to their audience who doesn't think for themselves - "SEE! LIBERAL PLANS DON'T WORK!!!1!!!1!". Rinse and repeat. It's all part of their master plan.
matt819
(10,749 posts)A recent article reported that the court has surprised people with somewhat mainstream decisions that Dems/liberals were hoping for, and that Roberts may be moving slightly more toward the center to offset Kavanaugh and the other RW-ers. He's concerned, the report said, about his reputation and legacy, and he doesn't want it tied exclusively to conservatives (although I would have used RWNJs).
Maybe yes, maybe no. But it was on the internet, so it must be true.
With Biden in the WH and a Dem senate and house, maybe an expanded supreme court will change things, as well as the creation of more judgeships in the federal system stacked with Dems, will change things.
DFW
(54,372 posts)The Senate is active. The Court is reactive. The Senate enacts. The SC only gets involved when cases are brought before it. The Senate can run like the wind if it wants to (just ask McTurtle). The Court cant make cases up to be brought before it, and they have to go through channels to get there. IF the Court starts behaving like a Republican-led Senate, it will find its numbers increased within a far shorter time than it thought possible
Bleacher Creature
(11,256 posts)It won't be immediate, as the case will need to go through the District and Appeals Courts, which are also stacked with Republicans.
Calista241
(5,586 posts)The fact is the ACA is still hear, 10 years after it was passed. Obergefell is still the prevailing law and grants our LGBTQ community the rights afforded to heterosexuals, and just last term Roe v Wade was upheld once again. It's still the law of the land, and has been reaffirmed multiple times. Overturning precedent is not easy, even when it looks like it would be.
And Roe v Wade was issued in 1973, well before RBG was appointed to the court 20 years later. Tying her to this one aspect of women's rights is a disservice to her lifetime of achievements and jurisprudence (not the OP, but many people her and elsewhere are doing this).
When I think of RBG, I don't think of Roe v Wade. I think of the benefits she's accomplished for women and other oppressed people in our society. Her opinion quashed male only attendance at Virginia Military Institute (United States v Virginia). She read her dissent to the court when they prevented giving women the right to sue their employer for not providing them equal pay (Ledbetter v. Goodyear Tire & Rubber Co). This dissent directly lead to the Obama Administration signing the Lily Ledbetter Fair Pay Act of 2009. She wrote the opinion that eliminated asset forfeiture just last year (Timbs v Indiana). One of the primary reasons we're still talking about the VRA today is RBG's dissent in the Shelby County v Holder case.
RBG was a great woman, and an even better Supreme Court Justice. Statues of her should be erected everywhere.
In my calculus, having the Supreme Court overturn Roe could be the greatest boon to democrats of all time. In no time, we'd have dem supermajorities and codification of Roe into law would last for all time.