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The Constitution & The Judicial Branch Discuss Senate Democrats’ unprecedented threat against the Supreme Court at the Political Forums; Democrats love to hammer on about the wonder of an apolitical SCOTUS rewriting the Constitution to advance their agenda but ...

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Old 09-05-2019, 08:04 PM
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Default Senate Democrats’ unprecedented threat against the Supreme Court

Democrats love to hammer on about the wonder of an apolitical SCOTUS rewriting the Constitution to advance their agenda but their attitude turns ugly when the court doesn't give them what they want.

Quote:
Senate Democrats, by contrast, have launched an unprecedented attempt to actually bend the Supreme Court to their wishes — threatening to restructure the court if the justices do not rule as they see fit.

The threat came over the Supreme Court’s decision to hear a challenge to New York City’s restrictions on how gun owners who have residential permits can transport their guns. In a legal brief, Sens. Sheldon Whitehouse (D-R.I.), Mazie Hirono (D-Hawaii), Richard J. Durbin (D-Ill.), Richard Blumenthal (D-Conn.) and Kirsten Gillibrand (D-N.Y.) argued that the case against New York was moot because it had rescinded the gun regulations in question. Fair enough. It is perfectly fine for the senators to make legal arguments in a legal brief to the court.

What is not acceptable is openly threatening the court with political retribution if it does not rule a certain way. That is precisely what these Senate Democrats did. “The Supreme Court is not well,” they wrote. “And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured to reduce the influence of politics.’ ” As all 53 Senate Republicans wrote in a letter to the court last week, “the implication is as plain as day: Dismiss the case, or we’ll pack the Court.”
The SCOTUS is unwell unless it agrees with the Senate Democrats.

Quote:
Talk about disdain for an independent judiciary! Democrats are not simply criticizing a ruling they disagree with; they are preemptively threatening the court before a case is even taken up. Can you imagine if Trump issued such a preemptive threat? Heads would explode. And in contrast to Trump’s impulsive Twitter rants, the Democrats issued their threat in a carefully crafted legal brief submitted to the court. They thought this through and decided that blackmailing the Supreme Court was a good idea.

Not only was their brief inappropriate; it also was brimming with cognitive dissonance. The Democrats accused the Supreme Court of being too political, but their plan to “reduce the influence of politics” on the court is to have senators order the justices how to decide or face political consequences? What utter hypocrisy.
But wait, the Democrat Senators offer modern math to support their claim.

Quote:
The Democrats justify their unprecedented intimidation tactics by pointing out that since 2005, the court has issued 78 5-to-4 or 5-to-3 opinions in which Republican appointees provided all five votes in the majority. “With bare partisan majorities,” they declared, “the Court has influenced sensitive areas like voting rights, partisan gerrymandering, dark money, union power, regulation of pollution, corporate liability, and access to federal court, particularly regarding civil rights and discrimination in the workplace. Every single time, the corporate and Republican political interests prevailed.”
That's right, Republican appointed justices sharing the same judicial philosophy tend to gasp, vote together.

https://beta-washingtonpost-com.cdn....rom%20%251%24s
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Old 09-05-2019, 09:53 PM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

OK, Soooo the left is upset becasue their corporate and Liberal political interests haven't prevailed.

So they'll cheat to make it happen.

they're desperate.
Seems like they are doing everything thing they can to make the whole country dislike them.

If this keeps up Trump will win Big and the left will loose even more of it's collective mind.
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Old 09-06-2019, 12:02 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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Originally Posted by mr wonder View Post
Seems like they are doing everything thing they can to make the whole country dislike them.

If this keeps up Trump will win Big and the left will loose even more of it's collective mind.
I'd like to agree, but the US public education system has made the last couple of generations ignorant to history, and especially what Socialism has done to previous populations...

All it takes is a few populated counties of these ignorant-to-history ivory tower-livers to negate the rest of a state...
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Old 09-06-2019, 10:29 PM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

Certainly, it is true that the US Constitution does not set a specific number of Supreme Court justices; there have been as few as five (in the early nineteenth century), and as many as 10.

But the current desire--of Democrats--to pack the Supreme Court, is very much akin to the desire of FDR to do the same thing, in 1937 and 1938.

For that reason, it is doomed to failure, as it attempts to politicize the one branch of government that is intended to be--and remain--apolitical.
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Old 09-07-2019, 09:46 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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Originally Posted by pjohns View Post
Certainly, it is true that the US Constitution does not set a specific number of Supreme Court justices; there have been as few as five (in the early nineteenth century), and as many as 10.

But the current desire--of Democrats--to pack the Supreme Court, is very much akin to the desire of FDR to do the same thing, in 1937 and 1938.

For that reason, it is doomed to failure, as it attempts to politicize the one branch of government that is intended to be--and remain--apolitical.
I wouldn't be so confident the contemporary Democrat court packing scheme is doomed to failure. Look at how many failed iterations of healthcare "reform" and the backroom legislative tricks to pass Obamacare. Democrats are still incensed over Obama being denied a third SCOTUS appointment. As with Obamacare did with healthcare, wrecking the SCOTUS is a small price to pay for keeping it a partisan Democrat institution.
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Old 09-07-2019, 10:05 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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I wouldn't be so confident the contemporary Democrat court packing scheme is doomed to failure. Look at how many failed iterations of healthcare "reform" and the backroom legislative tricks to pass Obamacare. Democrats are still incensed over Obama being denied a third SCOTUS appointment. As with Obamacare did with healthcare, wrecking the SCOTUS is a small price to pay for keeping it a partisan Democrat institution.
All the more reason why the next election must not be won by a Democrat.

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Old 09-08-2019, 11:51 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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Originally Posted by AZRWinger View Post
Democrats love to hammer on about the wonder of an apolitical SCOTUS rewriting the Constitution to advance their agenda but their attitude turns ugly when the court doesn't give them what they want.

The SCOTUS is unwell unless it agrees with the Senate Democrats.

But wait, the Democrat Senators offer modern math to support their claim.

That's right, Republican appointed justices sharing the same judicial philosophy tend to gasp, vote together.

https://beta-washingtonpost-com.cdn....rom%20%251%24s
Complete hogwash. This has nothing to do with reaching a favorable decision for Democrats on the merits of the case.

The issue is "standing" for the Plaintiffs that no longer exists once the gun regulation was rescinded. The Plaintiffs can no longer claim they're being harmed by a regulation that no longer exists and there's nothing for the Defense to defend against.

A lack of standing has nothing to do with the outcome of the original lawsuit because no determination will be made on the original complaint.

The Supreme Court has addressed the issue of standing repeatedly during it's history and that's addressed before any merits of the case are reviewed. It does not allow standing in cases where there's isn't a basis for the complaint. In this case there's no longer a basis for complaint because the government has removed that condition from the gun regulations of it's own accord.
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Old 09-09-2019, 09:32 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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Originally Posted by ShivaTD View Post
Complete hogwash. This has nothing to do with reaching a favorable decision for Democrats on the merits of the case.

The issue is "standing" for the Plaintiffs that no longer exists once the gun regulation was rescinded. The Plaintiffs can no longer claim they're being harmed by a regulation that no longer exists and there's nothing for the Defense to defend against.

A lack of standing has nothing to do with the outcome of the original lawsuit because no determination will be made on the original complaint.

The Supreme Court has addressed the issue of standing repeatedly during it's history and that's addressed before any merits of the case are reviewed. It does not allow standing in cases where there's isn't a basis for the complaint. In this case there's no longer a basis for complaint because the government has removed that condition from the gun regulations of it's own accord.
No, the issue isn't standing. It is the threat to "reform" the SCOTUS to fit the partisan agenda of a group of Democrat Senators. If the brief had just been about standing then it wouldn't have been newsworthy, but to have a group of US Senators threaten to restructure the court because it rules too "Republican" is corruption of the judicial independence Democrats claim to hold so dear.
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Old 09-09-2019, 10:43 AM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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Originally Posted by ShivaTD View Post
Complete hogwash. This has nothing to do with reaching a favorable decision for Democrats on the merits of the case.

The issue is "standing" for the Plaintiffs that no longer exists once the gun regulation was rescinded. The Plaintiffs can no longer claim they're being harmed by a regulation that no longer exists and there's nothing for the Defense to defend against.

A lack of standing has nothing to do with the outcome of the original lawsuit because no determination will be made on the original complaint.

The Supreme Court has addressed the issue of standing repeatedly during it's history and that's addressed before any merits of the case are reviewed. It does not allow standing in cases where there's isn't a basis for the complaint. In this case there's no longer a basis for complaint because the government has removed that condition from the gun regulations of it's own accord.
And you completely ignored the point of the thread. How do you defend the Democrats essentially threatening the court to rule the way they see fit or else they will pack the court? By attempting to derail the thread, I take it you are fine with that action.
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Old 09-09-2019, 12:43 PM
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Default Re: Senate Democrats’ unprecedented threat against the Supreme Court

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No, the issue isn't standing. It is the threat to "reform" the SCOTUS to fit the partisan agenda of a group of Democrat Senators. If the brief had just been about standing then it wouldn't have been newsworthy, but to have a group of US Senators threaten to restructure the court because it rules too "Republican" is corruption of the judicial independence Democrats claim to hold so dear.
Quote:
. In a legal brief, Sens. Sheldon Whitehouse (D-R.I.), Mazie Hirono (D-Hawaii), Richard J. Durbin (D-Ill.), Richard Blumenthal (D-Conn.) and Kirsten Gillibrand (D-N.Y.) argued that the case against New York was moot because it had rescinded the gun regulations in question. Fair enough. It is perfectly fine for the senators to make legal arguments in a legal brief to the court.
The legal brief submitted is on "standing" alone because no case exists for the Supreme Court to review.

Quote:
What is not acceptable is openly threatening the court with political retribution if it does not rule a certain way. That is precisely what these Senate Democrats did. “The Supreme Court is not well,” they wrote. “And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured to reduce the influence of politics.’ ” As all 53 Senate Republicans wrote in a letter to the court last week, “the implication is as plain as day: Dismiss the case, or we’ll pack the Court.”
The Supreme Court is "not well" and if the majority of the "conservative" Justices on the Supreme Court are making decisions based upon "Republican v Democratic" political agendas as opposed to the Law and the Constitution then the American People have a right to object to those decisions. That goes without saying.

The problem has been identified because, after years of complaining about "liberal activist decisions" in the lower as well as the Supreme Court, Mitch McConnell and President Trump have been actively engaged in packing the federal courts and Supreme Court with "Republican activist" judges that place the Republican party agenda above of the Law and the Constitution. Mitch McConnell actually takes pride in packing the courts with "Republicans" as opposed to the traditional "Originalist" Judges referred to as "conservatives" in the past.

Yes, if the American People see a miscarriage of justice by the Supreme Court and the lower federal courts based upon partisanship then not only will the Democrats need to address the possible restructuring of the Federal Courts and the Supreme Court but that would also be a responsibility of Republicans in Congress.

Supreme Court decisions and the decisions of the lower federal courts should always be based upon the Law and the Constitution. If we lose that to partisanship in our federal court system then the Rule of Law is lost in the United States.
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