The Supreme Court has become just another arm of the GOP

[Ponietz]

[link:https://www.washingtonpost.com/opinions/the-supreme-court-has-become-just-another-arm-of-the-gop/2019/09/06/8ad36642-d0e2-11e9-87fa-8501a456c003_story.html|
...
“We said this: From 2005 through the fall term of 2018, the Roberts court issued 73 5-to-4 partisan decisions benefiting big Republican donor interests: allowing corporations to spend unlimited money in elections; hobbling pollution regulations; enabling attacks on minority voting rights; curtailing labor’s right to organize; denying workers the ability to challenge employers in court; and, of course, expanding the NRA’s gun rights “project.” It’s a pattern.

“Of course, in other decisions during that period, such as the 2015 same-sex marriage ruling, a Republican appointed justice joined the liberals. But in its run of 73 partisan 5-to-4 cases, the Republican majority routinely broke traditionally conservative legal principles, such as respect for precedent or “originalist” reading of the Constitution. They even went on remarkable fact-finding expeditions, violating traditions of appellate adjudication.
...

“The big-donor takeover of the federal courts begins, as reported by The Post, with a sprawling network of organizations funded by at least a quarter-billion dollars of largely anonymous money, and spearheaded by the Federalist Society’s Leonard Leo. We saw this network’s hand in the confirmations of Justices Neil M. Gorsuch and Brett M. Kavanaugh. One unnamed donor gave $17 million to the Leo-affiliated Judicial Crisis Network to block the nomination of Judge Merrick Garland and to support Gorsuch; then a donor — perhaps the same one — gave another $17 million to prop up Kavanaugh. The NRA joined in the effort, too, spending $1 million on an ad campaign supporting the Kavanaugh confirmation to “break the tie” (again, the NRA’s words) in gun cases.

“With its judges in place, the network lobbies the court with anonymously funded amicus briefs, signaling how the judges should vote. In one case, Janus v. AFSCME, one anonymously funded group backed 13 different amicus briefs fighting public-sector unions’ right to organize. The decision came as expected, 5 to 4, throwing out 40 years of settled labor law.”
...

[Turbineguy]

1. There's another branch of the government

that will have to be cleaned up.

[rampartc]

2. and will be so for a generation or 2

this is the worst consequence of the 2016 election.

another fun fact = if our candidate beats trump bur we again fail to take the senate, we still will not confirm a justice, a judge, or a reasonable cabinet officer.

get out the vote. please.

[RKP5637]

4. Sadly, our democratic system is flawed. This should not be part of the process. One branch should

not hold that much power. It seems the founders forgot about corruption ... etc.

[FBaggins]

5. That doesn't have to be the case

If Ginsburg and Breyer can hold on past Trump, a single switched seat would set things to right.

If one of them can't make it... then it's probably a lock for a generation or more. But we aren't there yet.

[rampartc]

6. consider also the multitude of lower courts

[FBaggins]

7. Oh... no question there

He's had a huge impact on the lower courts that might very well take three consecutive presidential terms to unwind.

But SCOTUS isn't there quite yet (though one more would do it).

[FBaggins]

3. Whitehouse doesn't know when to quit, does he?

I suppose it's better as an opinion piece in the WaPost than as an amicus brief to SCOTUS...

... but he can't spin opposition to that brief as just "conservative media".

attacked us for advocating “court packing,” something we did not advocate.

Of course you did senator. It was a stupid move, and doubling down doesn't make it any better.

[dalton99a]

8. Which is why Democrats must get rid of the filibuster and expand the court

[FBaggins]

9. Shhh

He's trying to pretend that he was never talking about court packing. You'll spoil it for him.