• zkfcfbzr@lemmy.world
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    4 months ago

    Anyone else get a minor heart attack reading those first four words for a post at the very top of your feed?

    • clearedtoland@lemmy.world
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      4 months ago

      Felt the deep pit in my stomach seeing “Elena Kagan.” Then read the rest and went back to being sleepy eyed.

      At least, if it were to happen, Dems still have the Senate and Presidency this time around.

        • FaceDeer@fedia.io
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          4 months ago

          If there was a Supreme Court vacancy right now and the Republicans were pulling some kind of shenanigan to prevent a new one being seated until after the election, that’d be the greatest gift they could possibly give to the Democrats. That would mean that the election was very obviously going to decide the fate of the Supreme Court, which would bring out tons of voters that might have stayed home.

          Whereas if Biden was to seat a new Supreme Court judge right now, and then Trump won, it’s not like the Supreme Court would matter anyway.

  • Drunemeton@lemmy.world
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    4 months ago

    I feel like any such reform will be challenged and go to them, SCOTUS, for approval. Anyone wanna wager how that’ll turn out!?

    • tyler@programming.dev
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      4 months ago

      I’m not sure it can. It would be Congress and the president. The Supreme Court wouldn’t be able to overrule, that’s the whole point of the separate branches split the way they are

        • FaceDeer@fedia.io
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          4 months ago

          Fun fact, the Constitution doesn’t actually say that the US Supreme Court has the ability to interpret the Constitution. That power was granted to the Supreme Court by the Supreme Court in their decision on Marbury v. Madison (1803).

          A classic example of how there’s actually no such thing as laws or rules in any objective sense, it’s just a bunch of people collectively agreeing to go along with stuff.

        • machinin@lemmy.world
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          4 months ago

          They ruled on the interpretation of the law. Congress can pass laws to avoid different interpretations as long as they aren’t unconstitutional (which causes a problem if you have a very conservative understanding of the constitution).

        • Fedizen@lemmy.world
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          4 months ago

          the supreme court airbud rule: there’s no rule against it, yet. The only thing the constitution says is that there’s a supreme court and they can’t be defunded or fired easily. It doesn’t say what they do or how they do it. Congress could easily pass a law stripping the supreme court of powers or even throwing endless wrenches in the process.