How Kamala Harris can fight the renegade Supreme Court -- and win

[Nevilledog]

https://www.salon.com/2024/08/31/how-kamala-harris-can-fight-the-renegade--and-win/

“When we fight, we win!” Kamala Harris has made that the clarion call of her campaign. But if Democrats are to deliver on their promises once elected, they’ll have to fight judicial tyranny head on. It’s a fight they’ve avoided for decades, and we’ve almost lost our democracy as a result.

The Supreme Court's decision in Trump v. U.S., granting unlimited king-like powers to the president in the process of protecting Trump from prosecution, is a striking signpost, two years after the loss of reproductive freedom with the Dobbs decision made it vividly personal. But those are just two out of a, array of decisions in which unelected judges have overruled the will of the people or restricted the power of their elected representatives. Perhaps the biggest fight of all — to save future generations from the worst effects of the climate crisis — could easily be lost in the same way, as the Loper Bright decision has stripped the EPA of regulatory power and given judges the last word.

The bottom line is chilling: It’s one thing for Democrats to win power in November, and quite another to wield that power without being blocked by arbitrary, unelected MAGA courts — up to and including Chief Justice John Roberts and his colleagues. Even if Congress can pass the Women's Health Protection Act to undo the damage of Dobbs, there’s nothing to stop the Supreme Court from ruling it unconstitutional, based on whatever made-up theory the right-wing justices like.

Well, nothing except for the Constitution, that is: to be precise, Article III, Section 2, Clause 2, which explicitly empowers Congress to make “exceptions” to the Supreme Court’s appellate jurisdiction, as the court itself has acknowledged. In fact, the No Kings Act, introduced in early August to counteract the Trump v. U.S. decision, includes just such exception: if the law is challenged, such challenge will be heard in the federal circuit court in Washington, D.C., with no further appeal possible.

*snip*

[calimary]

1. MOST interesting!

[Fiendish Thingy]

2. Jurisdiction stripping has a loophole

The constitution says SCOTUS always has the last word in cases in which a state is a party.

So, a state just needs to sue over any law, and as long as they, or their citizens, have standing, it goes to SCOTUS.

[Silver Gaia]

3. I highly recommend reading this entire EXCELLENT article.

It is long, but read it a little at a time if need be. This is important information and ideas that we all need to know about. If we are going to reign in this corrupt SCOTUS, we need to understand what can and cannot be done so that we can properly support future President Harris as she takes on this fight to save our democracy from their tyranny.