Is it time to restore the Supreme Court to legitimacy?

Just the general poop flinging... read some of the presentation of the ISL theory case which was very well argued in front of the Supreme Court. It sounded as if even Thomas was skeptical but we'll see soon enough.

 

the Moore case?

 

Yeah, the kind that see through your bullshit.

 

This was the original article from last year, Politico had an update 3 weeks ago I read but can't find.

https://www.politico.com/news/2022/12/07/supreme-court-independent-state-legislature-theory-00072713

 

When GOP Justices go in front of Congress and say that precedent absolutely matters just so they can be confirmed they have subverted our institution.

 

I think they would all still say that precedent matters. That doesn't mean it cannot be overturned. If it did, there would have never been a case overturned in history. Precedent matters because it is the law until it isn't. Korematsu was precedent, until it was overturned. No one is calling for the heads of the Justices who overturned that precedent. That's because it isn't deference to precedent that people are upset about, it is deference to their preferred precedents. The same people who say Kavanaugh and Barrett and Gorsuch should be impeached for "lying" in their confirmations would no doubt celebrate justices voting to overturn Dodds or Heller.

 

Dobbs overturned precedent. Heller overturned precedent. Citizens United overturned precedent. So yes I would be glad if they were overturned since they overturned precedent.

 

Those are all precedent now. How about some older cases that overturned precedent: Brown v. Board of Education overturned Plessy v. Ferguson, should it be overturned and go back to separate but equal? What about West Virginia State Board of Education v. Barnett? That overturned Minersville School District v. Gobitts, which had previously held children could be expelled for refusing to salute the flag. Should that be overturned and go back to expelling insufficiently patriotic children? Lawrence v. Texas overturned Bowers v. Hardwick. Should we go back to criminalizing gay lovers? Somehow, I have a feeling it isn't so much overturning precedent that you have a problem with, and it is more that you don't like the outcome in those cases.

 

Well said, they are perfectly fine with overturning precedent if it's a cause they are sympathetic towards but if not, it's some outrage.

Additionally, if we were sitting here with a 6-3 liberal majority on the court, there would be no problems, no cries for packing the court, no constant questioning of the legitimacy after every decision and if Republicans did such things, they'd be accused of subverting our institutions. Clear hypocrisy.