tag:blogger.com,1999:blog-9263167.post1903757648364989882..comments2024-03-28T11:53:02.563-04:00Comments on Stayin' Alive: What happens if the Supreme Court loses legitimacy?Cervanteshttp://www.blogger.com/profile/11302076828795198187noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-9263167.post-35224349930615055392014-11-11T23:24:12.881-05:002014-11-11T23:24:12.881-05:00Thanks, Kathy. Will read it now! Must find hope wh...Thanks, Kathy. Will read it now! Must find hope where I can get it.Don Quixotenoreply@blogger.comtag:blogger.com,1999:blog-9263167.post-18633473826663930012014-11-11T22:51:22.636-05:002014-11-11T22:51:22.636-05:00Well, here's a little something that might hel...Well, here's a little something that might help: http://www.newrepublic.com/article/120231/king-v-burwell-supreme-court-case-shouldnt-worry-liberals-yet<br /><br />I have to take the longer view. Must. Cannot have hair on fire all the time. But as a lawyer [not on this kind of case], think the link makes sense.kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-23840684237754658582014-11-11T17:27:58.264-05:002014-11-11T17:27:58.264-05:00Yes, Kathy--but to think of changing the legislati...Yes, Kathy--but to think of changing the legislative makeup when the congresscritters are elected with advantages due to Republican gerrymandering and the horror of Citizens vs. United . . .<br /><br />There is a domino effect, at least in my mind and in many others', that started with the installation of conservative, ideologically motivated Supreme Court "justices" under Bush the first. The court was able to apply specious logic to Gore vs.--was it Bush?--and stop a recount that probably would have won Gore the presidency. A right-wing judicial fiat installed Bush and Cheney; 9/11 "happened" (not sure what happened that day but, as everything else Bush & Cheney told us were lies, so was their version); the Iraq invasion went ahead, as planned; the public sector was basically transferred to the private sector; and judicial activists were installed across the spectrum of federal courts.<br /><br />The idea of Clarence Thomas being a SPJ is a horrible thing. If the conservative activists on the court are allowed to invalidate the Affordable Care Act, they will also be guilty of mass murder.<br /><br />I'm no lawyer, obviously but this is how I see things. And the only solution to me seems to be impeachment of Scalia and Thomas--again, difficult with an obstructionist, bought-and-paid-for congress (except for Bernie Sanders and choice others), or adding two liberal justices to the court. What would THAT require?Don Quixotenoreply@blogger.comtag:blogger.com,1999:blog-9263167.post-52577895256810384002014-11-11T14:34:10.247-05:002014-11-11T14:34:10.247-05:00*by "representatives," I mean both senat...*by "representatives," I mean both senators and congresscritters. kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-53751156057067909792014-11-11T14:33:12.810-05:002014-11-11T14:33:12.810-05:00Or making sure the president is someone you would ...Or making sure the president is someone you would want to be nominating justices; making sure the legislative branch has representatives who think things through.kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-32533848847311975002014-11-11T14:30:56.130-05:002014-11-11T14:30:56.130-05:00I can't really speak to your original question...I can't really speak to your original question about the court losing "legitimacy." They have made some crappy decisions in the past, and we're stuck with them. <br /><br />This branch of government is not supposed to be influenced by politics; certainly not as directly as the executive and the legislative. Political "legitimacy" is not the same as constitutional legitimacy -- so what they decide on constitutional issues is supreme. But the other branches can work to change a particular bad decision via other means -- like adopting legislation. kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-38800344706379487522014-11-11T14:23:27.221-05:002014-11-11T14:23:27.221-05:00'Cause they can? They don't necessarily d...'Cause they can? They don't necessarily discuss much before taking the vote on whether or not to grant cert. It just goes that way sometimes.<br /><br />It is indeed worrisome, though. Cert is granted on only a small fraction of the cases requesting certiorari; and what the court decides is of great importance.kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-58805842540625348092014-11-11T13:26:12.689-05:002014-11-11T13:26:12.689-05:00Problem is, why would 4 justices grant cert if the...Problem is, why would 4 justices grant cert if they didn't think they had 5 votes?Cervanteshttps://www.blogger.com/profile/11302076828795198187noreply@blogger.comtag:blogger.com,1999:blog-9263167.post-7753219001721883812014-11-10T17:55:40.072-05:002014-11-10T17:55:40.072-05:00The "state" is also used generically to ...The "state" is also used generically to refer to government.<br /><br />I have not been following this closely at all, but it only takes 4 votes to grant cert, and there may not be 5 votes for throwing the country into chaos. <br /><br />Best if we extinguish the fire in the hair, and focus on getting some good amicus briefs before the big court.kathy a.https://www.blogger.com/profile/14479337952651746193noreply@blogger.com