The Curious Rise of a Supreme Court Doctrine That Threatens Biden's Agenda

[MayReasonRule]

https://www.nytimes.com/2023/03/06/us/politics/supreme-court-major-questions-doctrine.html

It has been only eight months since the Supreme Court first invoked the “major questions doctrine”...

At Justice Kavanaugh’s Supreme Court confirmation hearings the next year, Senator Amy Klobuchar, Democrat of Minnesota, asked him about the doctrine, calling it “something else that you came up with.”

He responded that the “major questions doctrine is rooted in Supreme Court precedent.” Still, in his 2017 dissent, Justice Kavanaugh conceded that “determining whether a rule constitutes a major rule sometimes has a bit of a ‘know it when you see it’ quality.”

Kavanaugh is referencing the court's long and sordid history enshrining "closely held beliefs" a.k.a. malevolent delusion as the nation's rule of law.

Closely held beliefs" are akin to genitals. It's okay to have them, it's okay to hold them closely. It is not okay to force others to "hold them closely", nor is it okay to shove them down everyone's throat.

“In politically polarized times,... this aspect of the major questions doctrine allows political parties and movements to make an issue ‘major’ through generating controversy.” "...the mechanical application of a “doctrine” can be a substitute for reasoned judgment. “The nature of the shorthand,... eliminates nuance.”

[Bobstandard]

1. OP nails it!

The heart of the matter vividly expressed:

Closely held beliefs" are akin to genitals. It's okay to have them, it's okay to hold them closely. It is not okay to force others to "hold them closely", nor is it okay to shove them down everyone's throat.

[CincyDem]

2. This line alone was worth this month's DU star pmt. Lolol. n/t

[MayReasonRule]

4. If I had a nickel for the number of times I was banned from reddit for posting those exact words...

reddit is such a shit show, it always was, but it still is...

[MayReasonRule]

3. Thanks y'all, something, something, a picture is worth a thousand words...

[calimary]

13. What a great description! Spot-on!

[Ilsa]

5. K&R. Bookmarked. I've done so much bookmarking

over the last two weeks. Great editorials, replies, articles, etc.

[bullimiami]

6. the scotus is a co-equal branch of 3. They seem to have forgotten that.

If they overstep their authority I believe they could and should be challenged by the executive or congress.

[Ford_Prefect]

7. If Congress and the GOP functioned according to first principles that balance could work. However...

Last edited Tue Mar 7, 2023, 11:38 AM - Edit history (1)

The GOP is entirely corrupt and devoted to eliminating any form of democratically derived balance. Thus we have a majority House, and divided Senate who, along with 20 odd GOP dominated state governments who are acting treasonously to subjugate the will of the people and the greater good of the nation to suit a distorted and un-American agenda designed to turn The United States into The Dominionist Califate.

[MayReasonRule]

20. The GOP is entirely corrupt and devoted to eliminating any form of democratically derived balance.

I agree.

Which is why I'm in favor of making the entire republican party illegal, just as Germany did with the National Socialist German Workers' Party.

It's waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaay past time.

[intheflow]

8. Expand. The. Court.

It’ll be more representative of the population and it would shut this shit right down.

[Pepsidog]

9. Thinking back to when Hillary was a lock to win and we Dems wouldn't need to worry about SCOTUS for

a generation. It was a nice thought.

[Ms. Toad]

14. She never was a lock for the win.

And forgetting that lesson may bring us another trump (or equivalent) presidency.

[oasis]

21. Yup.Certain members of our community refused to be "blackmailed" into supportin

Hillary because the makeup of SCOTUS hung in the balance.
I'll never forget their tongue-in-cheek dismissiveness.

[LymphocyteLover]

10. please!!!

[MayReasonRule]

15. Hear, hear!!!

[Quanto Magnus]

11. Activist Justices

"Major Questions" is just an excuse for when their personal beliefs comes forward to override law and precedent.

[MayReasonRule]

16. That's right. Delusion enshrined as law.

[LymphocyteLover]

12. one more reason I despise conservatives

[MayReasonRule]

17. Conservation of our nation's health, wealth, and prosperity has always been the realm of "Liberals"

GOP "conservatives" conserve delusional malice.

Delusion divides.
Reason restores.

May reason rule where delusion dwells.

[GGoss]

18. Thank You For This !!!

[MayReasonRule]

19. Right on! Thanks man!!