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intrepidity

(8,595 posts)
Mon Jul 1, 2024, 12:30 PM Jul 2024

SCOTUS decisions should require unanimity

FFS, it's bad enough that only 9 Americans are empowered the way they are, but FFS then at least require that those 9 must agree!!

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SCOTUS decisions should require unanimity (Original Post) intrepidity Jul 2024 OP
That might cause more problems than it'd solve ITAL Jul 2024 #1
Disagree.nt intrepidity Jul 2024 #4
What happens if.... ITAL Jul 2024 #7
If this were the requirement, intrepidity Jul 2024 #9
Even moderates can disagree ITAL Jul 2024 #10
Remand things back to Congress pwb Jul 2024 #2
I suspect that it doesn't matter anymore. Think. Again. Jul 2024 #3
So, no marriage equality ruling? brooklynite Jul 2024 #5
Many things would be different if unanimity were required intrepidity Jul 2024 #6
Congress could pass a law requiring that. Cattledog Jul 2024 #8
So no Brown v BOE? No original Roe v Wade? No Obergfell? I don't think you thought this through ... nt kelly1mm Jul 2024 #11
No thanks. That would reverse so much progress that has occurred via USSC decisions. beaglelover Jul 2024 #12

ITAL

(1,376 posts)
1. That might cause more problems than it'd solve
Mon Jul 1, 2024, 12:33 PM
Jul 2024

Then a crazed District Court (say Kacsmaryk), that is even to the right of the Supreme Court, would never get decisions overturned.

ITAL

(1,376 posts)
7. What happens if....
Mon Jul 1, 2024, 12:53 PM
Jul 2024

Remember almost no decision that gets to the Supreme Court is easy. What happens if (as often does) one Circuit Court comes to one decision and the other comes to a different. If the Supreme Court split...then you'd have a handful of states where one rule existed and another where the opposite does. I mean, sure I guess that already happens for some issues (abortion for instance), but then we'd have it happen way more often and it would likely create even more regional division.

intrepidity

(8,595 posts)
9. If this were the requirement,
Mon Jul 1, 2024, 12:57 PM
Jul 2024

then I suspect only very moderate justices would ever get appointed/approved in anticipstion of this very thing. That's the point.

ITAL

(1,376 posts)
10. Even moderates can disagree
Mon Jul 1, 2024, 01:05 PM
Jul 2024

I'm not necessarily talking 5-4 or 6-3 split along clear Ideological line decisions. One judge taking an opposite view on one thing, another on another issue...we get a lot of 8-1 or 7-2 mixed votes and they don't come out with the final word on much.

intrepidity

(8,595 posts)
6. Many things would be different if unanimity were required
Mon Jul 1, 2024, 12:41 PM
Jul 2024

Namely, demagogues would *not* be on the court in the first place!

Cattledog

(6,668 posts)
8. Congress could pass a law requiring that.
Mon Jul 1, 2024, 12:55 PM
Jul 2024

Saying only unanimous decisions are valid split decisions can not be enforced.

 

kelly1mm

(5,756 posts)
11. So no Brown v BOE? No original Roe v Wade? No Obergfell? I don't think you thought this through ... nt
Mon Jul 1, 2024, 01:47 PM
Jul 2024

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