General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSooo...if the Supreme Court believes that the next president will be Democratic,
do you think they'll start backpedaling on their mission to hedge their opinions to give more power to the executive branch?
mucifer
(25,614 posts)BComplex
(9,823 posts)That is the FIRST thing that needs to be fixed in the government.
moonscape
(5,662 posts)BComplex
(9,823 posts)Both houses!
TwilightZone
(28,836 posts)Then, they'll make the claim that the prior rulings were specific to Trump.
edisdead
(3,396 posts)in the wording it says Deemed official.
They will always be able ti say the act was political or somesuch nonsense.
moonscape
(5,662 posts)how to keep it from happening (next pres being a Dem)
J_William_Ryan
(3,427 posts)No.
They know that unlike Republican presidents, Democratic presidents respect the rule of law and follow the Constitution.
Theyll continue to empower the Imperial Presidency in anticipation of the next authoritarian Republican regime.
Baitball Blogger
(51,968 posts)sabotage.
Mister Ed
(6,880 posts)They've declared that presidents are immune from prosecution for anything they do within the course of their presidential duties.
So, who decides if an act is within the course of the president's duties? Why, the courts do, of course - and ultimately, the Supreme Court.
So, if a Republican president commits a crime, and prosecutors launch a case on the grounds that the crime was not an official act, the case will slowly make its way through the courts. If it rises to review by the Supreme Court, the Six Ayatollahs will declare the crime to have been committed within the course of the Republican president's duties. Case closed.
If a Democrat is similarly accused, the same corrupt justices will declare that the act was not performed in the course of presidential duties. Carry on with the prosecution.
DU'ers with greater legal knowledge than mine, please let me know if this seems likely and plausible.
Elessar Zappa
(16,385 posts)But Im no legal expert.
StevieM
(10,578 posts)That's a great analysis that you gave.
They will also do the same thing with these bounty hunter laws that allow ordinary citizens to sue people over actions that do not directly affect them, like the law in Texas allowing people to sue someone who provides an abortion. The court will find reasons to allow the GOP laws while rejecting any similar laws passed by Democrats.
Sonya Sotomayer was right. Our democracy is in serious danger.
Metaphorical
(2,606 posts)If (please make it so) Harris wins in November, she faces a comparatively rare situation.
Because of Moscow Mitch, Trump managed to appoint three justices in four years to the Supreme Court - Gorsuch, Kavenaugh, and Barret (we were robbed of both Ginsburg and Garland). Over an eight year period, presidents usually get, on average, about three justices. Biden has had one. This means the odds are good that Harris will get at least one and maybe two justices (Alito and Thomas are likeliest) to appoint (and, dreaming big here, perhaps as many as four if she makes it through eight years). This might also be hastened by the possibility of retaking Congress, which I suspect may very well lead to either or both of them deciding retirement is a good idea.
A lot of ifs, admittedly, but it never hurts to dream.