The Rule of Six: A newly radicalized Supreme Court is poised to reshape the nation

[Nevilledog]

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Ruth Marcus
@RuthMarcus
If you are worried about what the Supreme Court is going to do in the Mississippi abortion case, I'm sorry to report: there's even more to worry about from this conservative court. My essay on the Rule of Six
https://wapo.st/31a5eCr
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12:18 PM · Nov 30, 2021

https://www.washingtonpost.com/opinions/2021/11/28/supreme-court-decisions-abortion-guns-religious-freedom-loom/

No paywall
https://archive.ph/bCR1z

Supreme Court Justice William J. Brennan Jr., the Eisenhower appointee who became the liberal lion of the Warren Court, had a tradition for introducing every new batch of law clerks to the realities of the institution.

“Brennan liked to greet his new clerks each fall by asking them what they thought was the most important thing they needed to know as they began their work in his chambers,” Seth Stern and Stephen Wermiel write in “Liberal Champion,” their Brennan biography. “The … stumped novices would watch quizzically as Brennan held up five fingers. Brennan then explained that with five votes, you could accomplish anything.”

Brennan, master vote-counter and vote-cajoler, was right — but there is an important corollary to his famous Rule of Five, one powerfully at work in the current Supreme Court. That is the Rule of Six. A five-justice majority is inherently fragile. It necessitates compromise and discourages overreach. Five justices tend to proceed with baby steps.

A six-justice majority is a different animal. A six-justice majority, such as the one now firmly in control, is the judicial equivalent of the monarchy’s “heir and a spare.” The pathways to victory are enlarged. The overall impact is far greater than the single-digit difference suggests.

*snip*

[Crunchy Frog]

1. Likely soon to be seven, sadly.

[Ace Rothstein]

2. Maybe Breyer will finally get it after they overturn Roe.

[moondust]

3. Undemocratic.

The US is being run by a government that no longer represents the people

Let's not pretend that any of this is the "Will of The People."

[Mysterian]

6. Thanks very much for posting that link

The author is right on target identifying the fundamental flaws in our political system, that will doom this republic if not corrected.

[crickets]

7. +1

[modrepub]

4. Elections Have Consequences Folks

And don't talk to me about voter "suppression", voter apathy is more the problem in my state. There are more registered Democrats in my state than Republicans. The legislature is solid Republican (due to gerrymandering) but Democrats for state-wide office did very poorly on the last elections cycle. Why? Because less than 30% of registered voters bothered to show up.

Maybe the Supreme Court decisions will actually show some folks that you have to keep participating. Just because something exists now doesn't mean it will be there for you tomorrow. Gnash your teeth all you want, but someone put these folks in there current positions. Those who actually consistently show up at the polls come hell or high water.

[PSPS]

5. "Politicians in robes"

[dalton99a]

8. We are effectively being ruled by the Fascist Society