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| ▲ | newaccountman2 5 hours ago | parent | next [-] | | I am pretty sure the Chief Justice chooses who writes the opinion when he (or, one day, she) is in the majority, and if that's right, then Roberts is the only one she would have to convince | |
| ▲ | ocdtrekkie 6 hours ago | parent | prev | next [-] | | When the Court rules to the center, I think Roberts likes to take it himself or let a liberal Justice write it so it looks like the court is balanced and unified or something. Roberts has lost control of his court and is desperately trying to make it appear legitimate. | | |
| ▲ | ecshafer an hour ago | parent | next [-] | | The court is legitimate by every measure, regardless it it matches your political views. Starting the contrary is honestly extremism. | | | |
| ▲ | wyldberry 5 hours ago | parent | prev [-] | | Genuinely curious: What does it mean for a Chief Justice to be in control of their court, and of course, for them to be out of control? | | |
| ▲ | mjburgess 4 hours ago | parent | next [-] | | The CJ decides who writes the opinion of the majority if in the majority, and the dissent if in the dissent. Its the job of the CJ to bring sides together in clear oppositions, and "horse trade" between bits and pieces of a decision so that its clear where a majority/minority lie. The CJ's foremost political role is to ensure the judicial branch of government is seen as a politically legitimate institution which wields its power against the other branches in a constitutionally and poltiically legitimate way. If that slips, congress can start hiring/firing; and the executive, in the end, controls the guns -- they can be arrested. To avoid being arrested or fired, the court has to keep all sides believing the rules they set are fair. They have no power, in the end, but the power they are allowed to have. They govern by consent of the other branches, and that's trivial to take away | | |
| ▲ | dmitrygr 3 hours ago | parent [-] | | > They govern by consent of the other branches, and that's trivial to take away That is entirely not at all what the us constitution says | | |
| ▲ | rootusrootus an hour ago | parent | next [-] | | In the case of the legislative branch, the Constitution actually says pretty much exactly that. See Exceptions Clause of Article III, Section 2 | |
| ▲ | mjburgess 3 hours ago | parent | prev | next [-] | | I'll refer you to article 50 of the constitution of the USSR, > Article 50. In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations. https://www.departments.bucknell.edu/Russian/const/77cons02.... --- which is to say, "constitutions" as pieces of paper, do not matter. A constitution isnt a document, its literally, how power is constituted by the people. Paper has no magical power to bring about anything in the world. One day, decades or centuries or millenia from now -- there will be no USA SC: at one point they will have been arrested, or killed, or retired and not replaced. At once point democracy in the US will fail, and the US will fail, and something else will replace it. Sic transit gloria mundi. So it goes. History goes on. The world isnt a program, words are not its code. History goes along because power as insittuitionalised by groups of apes, comes and goes. | |
| ▲ | ocdtrekkie 3 hours ago | parent | prev [-] | | Yes but the Constitution has to actually be followed for it to work. The Supreme Court has no military or police, if the President chooses to disobey them and the military and police follow the President's orders... there isn't much the Court can do about it. The system works when everyone executes the system faithfully, but that isn't meaningfully happening right now. | | |
| ▲ | dmitrygr 3 hours ago | parent [-] | | > The system works when everyone executes the system faithfully, but that isn't meaningfully happening You are entirely right, we really need to prosecute presidents who do not follow SCOTUS rulings, like [1] and [2] [1] https://www.wsj.com/opinion/joe-biden-student-debt-forgivene... [2] https://www.cato.org/blog/obama-administration-ignores-supre... | | |
| ▲ | ocdtrekkie 3 hours ago | parent [-] | | I mean, this is the textbook definition of whataboutism. =) But I am indeed of the inclination that we should demand the rule of law from Presidents of all parties. Generally speaking, I am in favor of a significant downsizing of the authority of the President as a whole. They have far too many powers and are granted too much leniency to use them "in case of emergency" which has increasingly just turned into every President declaring everything they want to do an emergency. Presidents should be subject to prosecution for misconduct, and upheld to the highest standards of the law, and we should have systems in place to swiftly and effectively remove them if they do not meet them. The bar for impeachment and removal is too high when it is unattainable in a two-party system where the President controls one of those parties. Our country does not need kings of any party. | | |
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| ▲ | ocdtrekkie 5 hours ago | parent | prev [-] | | So very specifically I've historically read Roberts as a fairly moderate jurist. He has a true romanticism about the neutrality of the court and that it shouldn't be a political body. (This is ridiculous, but anyways.) This has changed as the court has reached a 6/3 bias. When the court was a 5/4, Roberts could swing to the center and bring the majority position with him. But now the far right wing doesn't need his help: The conservative wing can do a 5/4 even with his dissent. So you see Roberts bucking the conservative trend much less, maybe not because he agrees with the court but knows he can't push the outcome to the center. The other aspect I think in play here is that the current executive branch pretty much just ignores every court order it doesn't like, and the Court can't enforce any ruling it makes, because that's the executive branch's job. I think Roberts knows if the Court pulls against Trump very hard, it could lead to a showdown where Trump just... does what he wants anyways, which would destroy the perceived power of the Court. I think Roberts has tried to dodge a lot of law and a lot of rulings to avoid clear positions on the President which he would, in turn, ignore. |
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| ▲ | twoodfin 6 hours ago | parent | prev [-] | | She doesn’t have to convince the “far right wing”. As long as CJ Roberts (not generally regarded as in any “wing”) is in the majority, he can assign the opinion to her. | | |
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