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2016 Postmortem

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(30,439 posts)
Fri Jan 22, 2016, 02:33 PM Jan 2016

Bernie Sanders Has No Idea How the Supreme Court Works [View all]

It's pretty disturbing that somebody who has been in Congress for 25 years has no idea how the Supreme Court works.


Bernie Sanders Has No Idea How the Supreme Court Works
By Mark Joseph Stern

Bernie Sanders hates the Supreme Court’s decision in Citizens United v. FEC, which held that corporations have a First Amendment right to spend unlimited sums advocating for their preferred candidate. Who doesn’t? Citizens United was a deeply misguided decision which vastly underestimated the state's compelling interest in preventing the appearance of corruption that massive corporate electioneering inevitably creates. An overwhelming supermajority of Americans despise the decision and wish to see it overturned. That includes most Democrats—which is probably why Sanders recently tweeted a guarantee that his Supreme Court nominees “will make overturning Citizens United one of their first decisions.”

Any Supreme Court nominee of mine will make overturning Citizens United one of their first decisions.

— Bernie Sanders (@BernieSanders) January 22, 2016

A nice sentiment for the liberal base! The problem with this tweet, however, is that it either reflects a profound misunderstanding of how the Supreme Court works—or reveals that Sanders is not above intentionally spouting claptrap. For better or for worse, the justices are constitutionally limited to deciding “cases” or “controversies.” They cannot simply review a previous decision and hold, sua sponte, that it was wrongly decided. Instead, the court has to wait for a legal dispute to reach its docket, which typically involves several years of percolation through lower courts. Then, in order to decide the case, four justices must agree to hear it. At that point, a majority of the court (at least five justices) can invalidate or uphold the law in question, affirming or overturning precedent in the process. SCOTUS, in short, is a team sport.

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Oh what swill. I know Bernie understands the function of the Court cali Jan 2016 #1
So that means you agree he's an ideologue. KittyWampus Jan 2016 #20
no. it means this piece is stupid. I think that's what he wrote. roguevalley Jan 2016 #71
He's a candidate Roy Rolling Jan 2016 #98
Okay. Then the alternative is that he knows and he's lying. pnwmom Jan 2016 #78
No, it's simply shorthand for saying he would only nominate judges cali Jan 2016 #88
You mean it's LONGHAND for saying he would only nominate judges pnwmom Jan 2016 #106
better tell hc questionseverything Jan 2016 #113
Without knowing what words she actually said this is impossible to judge. pnwmom Jan 2016 #114
you need to stop and think what you are suggesting questionseverything Jan 2016 #115
I am not saying that. I am saying that WORDS MATTER. pnwmom Jan 2016 #116
it was a tweet questionseverything Jan 2016 #117
Do you have a link to Hillary's actual words, or just to an anonymous paraphrase. pnwmom Jan 2016 #118
like the definition of the word IS? questionseverything Jan 2016 #120
Bingo. Bye Bye Bernie. MeNMyVolt Jan 2016 #96
I have to call bullshit on the OP article, not the person here at DU but the article. randys1 Jan 2016 #103
I see your point Randy, but I'm in a "mood". MeNMyVolt Jan 2016 #104
LOL I think lots of Hillary folks here did not have negative attitudes about randys1 Jan 2016 #108
You have a great attitude my DU friend. MeNMyVolt Jan 2016 #111
agreed passiveporcupine Jan 2016 #101
While a stupid statement Gman Jan 2016 #2
It sure is fair to see what nominees have said on the topic. Roberts said he would not be an Akamai Jan 2016 #95
Hillary herself said that if she were President, nominees for White House have to oppose Citizens.. Akamai Jan 2016 #102
right he has no clue 2pooped2pop Jan 2016 #3
The only problem with this hit piece .. ah i mean critique is that Bernie never said 99th_Monkey Jan 2016 #4
His entire platform involves a magic wand. KittyWampus Jan 2016 #21
Yes it does Hekate Jan 2016 #24
I concur..n/t asuhornets Jan 2016 #69
Or so says his detractors from "NO We Can't!" Camp Weathervane. 99th_Monkey Jan 2016 #27
THIS^^^ draa Jan 2016 #56
Try or die! mountain grammy Jan 2016 #79
Say it like Clinton, "NO WE CAN'T! NO WE CAN'T!" nt RoccoR5955 Jan 2016 #38
"No YOU can't" nxylas Jan 2016 #52
Funny, I just saw this: RoccoR5955 Jan 2016 #66
Needs to be a T-shirt!!! Eom Karma13612 Jan 2016 #128
Indeed it does! Plucketeer Jan 2016 #60
Well said!!! pangaia Jan 2016 #77
i like the way you put that questionseverything Jan 2016 #112
+1 uponit7771 Jan 2016 #119
Bernie said that his "nominees will make overturning Citizens United pnwmom Jan 2016 #80
Getting past the rhetoric... thesquanderer Jan 2016 #89
That too. 99th_Monkey Jan 2016 #122
We both know what he meant. The only spin is coming from Camp No We Can't. 99th_Monkey Jan 2016 #94
So Bogus! n/t Melissa G Jan 2016 #5
Why would you post a lie like that? Live and Learn Jan 2016 #6
How many times a day do you want to be offensive? elias49 Jan 2016 #7
You know, I didn't think Team Clinton could come up with a dumber argument jeff47 Jan 2016 #8
Sure, they can. Just give them time and ChairmanAgnostic Jan 2016 #58
Bullshit! immoderate Jan 2016 #9
+1000000 MissDeeds Jan 2016 #68
Oh bless Mark Joseph Stern's little ignorant heart. Autumn Jan 2016 #10
Sanders is a complete moron! There, feel better? Now, let's move onto factual adult issues! TheBlackAdder Jan 2016 #11
Why is so much of the criticism against Sanders based on one logical fallacy or another? leftupnorth Jan 2016 #12
Because they are using their heads (not their hearts) Proserpina Jan 2016 #43
SBS seems to be slipping a bit lately. MeNMyVolt Jan 2016 #13
Post removed Post removed Jan 2016 #23
Heck, I'm nearly 20 years younger than him, and I know... MeNMyVolt Jan 2016 #39
Fail. n/t DefenseLawyer Jan 2016 #14
Well apparently, neither does Hillary Clinton. TM99 Jan 2016 #15
OOPS! klook Jan 2016 #53
So Hillary doesn't either? Dretownblues Jan 2016 #16
There's a difference... Cali_Democrat Jan 2016 #19
No really there isn't. TM99 Jan 2016 #26
lol EdwardBernays Jan 2016 #29
He said thesame thing she did Dretownblues Jan 2016 #30
It's more over promising KingFlorez Jan 2016 #17
unrec sadoldgirl Jan 2016 #18
really? Do you purposely post the most ridiculous things you can find? bowens43 Jan 2016 #22
LOL,..LOL,...LOL,....LOL. bvar22 Jan 2016 #25
It's a Slate article NastyRiffraff Jan 2016 #31
It's obvious bullshit catnhatnh Jan 2016 #65
"Posting normally"? NastyRiffraff Jan 2016 #132
Bernie entered the US Congress in 1991 Cali_Democrat Jan 2016 #33
There, there...I edited the post to say Bernie hads held elected office for over 30 years. bvar22 Jan 2016 #37
K&R! stonecutter357 Jan 2016 #28
And this has been explained EdwardBernays Jan 2016 #32
thanks! Fast Walker 52 Jan 2016 #36
You're worried about this when NoHope Hillary is channeling Joe McCarthy? last1standing Jan 2016 #34
About Mark Joseph Stern Proserpina Jan 2016 #35
Rod Dreher is a conservative Catholic Prism Jan 2016 #42
Orthodox, not Catholic nxylas Jan 2016 #57
Ah, thanks Prism Jan 2016 #70
Yeah, he at least doesn't embrace anti-environmentalism nxylas Jan 2016 #93
As a hit piece that is pretty weak. deathrind Jan 2016 #40
K&R mcar Jan 2016 #41
"....or reveals that Sanders is not above intentionally spouting claptrap" Sheepshank Jan 2016 #44
Does Bernie actually type out and/or proofread each of his own tweets? Orangepeel Jan 2016 #45
Sad that you would endorse such a stupid hit piece. Vattel Jan 2016 #46
Yeah, I'm sure it's going to be impossible to find a plaintiff Cassiopeia Jan 2016 #47
Another typical hit and run OP by a Hill shill. No follow up. litlbilly Jan 2016 #48
That's how the Hillbots roll Still In Wisconsin Jan 2016 #73
ROFLMAO SoapBox Jan 2016 #49
stupid words directed to stupid voters SoLeftIAmRight Jan 2016 #50
Yeah, why did Hillary say that? nt Live and Learn Jan 2016 #51
This is an embarassment tymorial Jan 2016 #54
your alarm is noted tomm2thumbs Jan 2016 #64
I think he knows the process, so I'd go with door #1. MeNMyVolt Jan 2016 #72
That is how it came before the court bjobotts Jan 2016 #55
You're just flat out wrong Empowerer Jan 2016 #76
Wow! this has completely changed my opinion of Sanders. Indepatriot Jan 2016 #59
It's a perfect example of his campaign promising things he simply can't deliver. If Hillary was Metric System Jan 2016 #61
Oh, you're right Depaysement Jan 2016 #62
So the wheels are not just off, they have rolled downhill and been lost. Motown_Johnny Jan 2016 #63
I guess he's guilty of hyperbole - not stupidity Nanjeanne Jan 2016 #67
Here's Bernie's quote from FACE THE NATION SUNDAY MAY 10, 2015 MrChuck Jan 2016 #74
Bernie is clueless if he thinks he can announce a litmus test and then get his pnwmom Jan 2016 #81
It is beyond naive MrChuck Jan 2016 #85
I'm against Citizens United. But announcing a litmus test before pnwmom Jan 2016 #109
Well I guess Hillary is clueless too Nanjeanne Jan 2016 #87
Link? pnwmom Jan 2016 #110
It's been posted numerous times Nanjeanne Jan 2016 #124
That wasn't a quote. It was an anonymous paraphrase of something pnwmom Jan 2016 #125
As if the court wouldn't rule on the constitutionality of a law banning corporate contributions. Spitfire of ATJ Jan 2016 #75
Bunk! nt ladjf Jan 2016 #82
I think this is one of the reasons people hate politicians... Mike Nelson Jan 2016 #83
always good to be able to verify part of the ignore list. NRaleighLiberal Jan 2016 #84
Nice straw man Moral Compass Jan 2016 #86
This just reinforces BS is all applause lines. R B Garr Jan 2016 #91
And apparently this bone headed pundit likes to make shit up. blackspade Jan 2016 #92
This attack just widens the divide left-of-center2012 Jan 2016 #97
This is stupid and you should feel bad Loudestlib Jan 2016 #99
Learn to read. DrBulldog Jan 2016 #100
Yawn.... PatrynXX Jan 2016 #105
Not exactly, but it sounds good to Clinton partisans. guillaumeb Jan 2016 #107
DU rec...nt SidDithers Jan 2016 #121
K&R. Yet another reason in a long list of reasons *this* Democrat won't support Bernie in the BlueCaliDem Jan 2016 #123
He's said the desire to overturn Citizens United was going to be his litmus test PatrickforO Jan 2016 #126
Seems as though you need a doll house sized teapot for this tempest. Try ebay. merrily Jan 2016 #127
Lol, did your "little birdy" tell you this? nt Logical Jan 2016 #129
Any port in the storm. I am sure her dibs doesn't give a flying fuck about that ruling. CBGLuthier Jan 2016 #130
David Brock gave us Clarence Thomas: live with it MisterP Jan 2016 #131
Sanders will not be nominating anyone to the United States Supreme Court. George II Jan 2016 #133
Not his finest moment, that's for certain. NurseJackie Jan 2016 #134
Worst. Week/Month. Ever. Number23 Jan 2016 #135
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