I don’t know… it seems like they’d come up with some way to limit a Democratic administration while freeing up a Republican one… it’s true that they can’t enforce things, but the Democrats will and should play by the rules. The GOP will work to burn it all down.
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Can we freak out now?
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I think Duke is suggesting that Biden just ignore the Supreme Court in that situation, a la the apocryphal “John Marshall has made his decision; now let him enforce it!” This is something I’ve brought up before. The Supreme Court has no inherent ability to enforce its decisions. It relies on the other branches of government to respect its decisions and abide by them. Congress, in contrast, controls the pursestrings of the country. The Executive Branch controls the military. They both have means to enforce things. SCOTUS doesn’t. The second the other branches of government decide SCOTUS has gone too far, they can render the Court impotent simply by ignoring it. That would be a massve Constitutional crisis, of course, but it could happen.
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indeed! all the more reason to celebrate Justice Jackson, with her humble background in education and her important background as a defense lawyer before her appointment to the bench!
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Well…she still went to Harvard, though. Oddly enough, Barrett is probably the more unlikely Supreme Court Justice, having gone to Rhodes College and Notre Dame Law. Of course, her father was an attorney for Shell Oil, so…
ETA: KBJ’s father was also an attorney. I didn’t actually mean her when I made up that hypothetical about a person of color from Miami. I started to write New York City, but decided to change it to another big city, and just picked Miami. I don’t think Jackson grew up in the inner city, and her parents may not have been wealthy, but they certainly weren’t poor. The Justice with legitimately humble beginnings on the current Court is, ironically, Clarence Thomas. He was literally born in a shack and his first language was Gullah. His father left the family when he was very young, his mother struggled, and he ended up being raised by his grandparents. Who knew he’d turn out to be a ladder puller?
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the President could drone strike an American citizen based off this ruling!
The President has already drone struck an American citizen, then went on TV to brag about it. Held a press conference on the White House lawn. This was decidedly far from what people think about for “depriving of life without due process of law”
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I wonder how long before we got around to some whataboutism that included Obummer!!!
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It does seem remarkable that some people are experts in so many fields, qualified to make so many authoritative pronouncements.
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Biden can use his new power of immunity to overrule the Supreme Court on this issue. Thus throwing the entire US constitution into a paradoxical crisis.
I always thought it was odd the way that some people thought if something was legal, that made it right to do, but now the president can do something illegal and it is right because he did it
What a world we live in.
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If this decision gets combined with a Trump victory in November, here’s a preview of what’s to come:
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No shit? That’s the classic mistake of wannabe dictators. Even if they’re successful they’re replacing a relatively stable institution of effective oppression with an illusion of “representation” to placate the citizenry with one that is devoid of those elements and relatively unlikely to survive the death of the figurehead. A short lived junta is the norm, a thousand year Reich is a smooth brained fantasy.
I don’t care how they justify themselves either. I’m just pointing out that some gross “centrist” who voted for Trump because they selfishly wanted a tax cut more than they cared about the rights of minorities isn’t as likely to take to the streets with a rifle in support of their “god emperor” as a true believer.
Again, advocating for violent defense of our human rights and collective direct action in the pursuit of progressive change is not equivalent to advocating for violent overthrow of the government, not withstanding terminally online takes from a vocal minority of unserious misanthropes that can be found in every quadrant of the political spectrum.
The majority of anarchists are not accelerationists. The majority of anarchists hold no delusions that violent overthrow of the State is an idea with serious merit. The majority of anarchists don’t hold any utopian ideals at all except the belief that people’s natural inclination is cooperation. Anarchism is an acceptance that every single day lived free from power over anyone but oneself is an expression of constant cooperative struggle and vigilance, regardless of the presence or absence of a State or any other external forces.
(As an aside, reducing anarchists to “white cisgender straight dudes” plays into the intentional suppression of the long history of black and queer anarchist movements.)
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They do mention Separation of Powers a whole lot in the decision… Ignoring SCOTUS would be one mechanism of exactly that.
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Ironically enough, Bush jr. issued an executive order that would allow Biden to have Trump or even the conservative SCOTUS justices assassinated on US soil as enemies of the state. Wartime powers, and the GWOT has never ended.
Did he not? At least that seems to be what many believe. And that power has been in place long before this decision. So it would clearly be an “official duty” and he would have immunity,
It has never been used that in way, but it has been used to strike a US citizen overseas who was working with a terrorist cell, so perhaps it could be.
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- The dictator doesn’t care: the dictatorship doesn’t have to last forever, it just has to last long enough. They let their followers dream of the eternal dictatorship… who knows, maybe it will even happen. (The Iranian theocracy hasn’t fallen yet.) But the dictator cares about getting his power, and keeping it until he doesn’t care anymore because he’s dead. A particularly romantic one might want to found a dynasty, but not because he cares about his family, but because he wants to be remembered as a Darius or Alexander. It’s all about him. You don’t get to be a dictator by caring about other people.
- Most fascists are smooth brained fantasists. Angry, violent, hate-filled fantasists.
- Who cares how long democracy has been killed for, once it’s been killed? Tne new dictator doesn’t care.
- ONOZ the dictator made that classic mistake: getting everything they wanted and gaining absolute power. That fool! If only he’d been more subtle and patient about eliminating democratic obstacles to his totalitarian regime! If you’ll excuse me, there’s someone pounding at the front door. I wonder who that could be at 2am.
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Well, that makes you 50x the legal scholar I am in my book.
Which shows every one of them was lying through their teeth for all their talk about sTaRe DeCiSiS in their confirmation hearings. To the surprise of precisely none of us, except for maybe Susan Collins who was shocked, shocked I tell you at the results.
Beyond that, they seem to be basically inventing new laws from whole cloth as if to dare Congress to do something about it. (Which they won’t given they can’t even agree on what the day of the week is.)
For what, the 100th time now in the past few years? I don’t remember there ever being so many constitutional crises between the post-Nixon years and now.
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late to the “party”, but as I understand it, in short its a catch-22, right? because everything he does as president is basically always in some way “official”, right?
jfc.
e/
but as president in office? I mean, sounds to me he is now treated as a king, as long as its “official” what he does in his role as acting president. which is basically everything as long as he himself says its “official”. thats my impression.
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No. The decision lays out that unofficial acts explicitly include campaigning as a candidate, among others.
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