Little Raven wrote: Thu Nov 26, 2020 10:59 pm
malchior wrote: Thu Nov 26, 2020 9:52 pmThey pulled back because they are predicting how the court is going to rule.
If you're confident a Court is going to strike down your law,
it was a bad law, and you should never have passed it. If you pass a law, you should be willing to defend it. Hell, even when Southern states play dumb games with abortion law, they're generally willing to go to Court. States should absolutely get their hands smacked when they pass bad law.
The Southern States aren't just playing dumb games. Far from it. That is (was?) part of their court politicization strategy and overall political strategy. They were writing extreme laws to test the courts. To borrow a military term, they were probes in advance of an assault. They wanted to see how far they can push, test resistance, find weakensses, and then plan their next move. It goes way beyond good/bad laws here. This is realpolitik time. They have been chipping away at abortion rights, voting rights, and more through this technique. And it has helped them drum up political support from their base and driven real political action. It has worked for them splendidly.
I'm not looking past the ruling. I'm literally quoting blocks of the ACTUAL RULING and analysis arguing why it isn't what you say it is. In fact, what you are saying pretty much flies in the face of what the experts are saying.
Not in terms of the actual regulation, you aren't. We both agree that this ruling is moot, and isn't going to have any immediate effect on the law. You and the experts are having lots of fun anticipating what this new majority means for the future of the Court, and I'm down with that, but
this ruling is pretty darn narrow.
Don't you see how this cuts against your argument. They handed down a meaningless narrow decision as a message. And it wasn't that NY needed to have their hand slapped. They broadcast loud and clear that they were in charge and to ignore Roberts instructions to defer to the States on these issues.
I don't know what this even means. Given how split the country is, isn't ANY ruling "corrosive to national unity?" SOMEONE is guaranteed to be unhappy no matter what the Court does.
That's not the point. The GOP has loaded up the Supreme Court, placed over 30% of the Appellate level during the 4 years of the Trump administration, and been conducting all these legal probes and have essentially whittled away voting rights, gerrymander protections, and more. This isn't a matter of people being upset. Eventually they will do something so nakedly political that it will threaten the legitimacy of the court. This year we've seen two Democratic Governors now give sharp rebukes to the Supreme Court. Eventually someone may get more than wordy and start defying.
In any case, this is a long-term prediction here. I'm pretty confident of it because we're already seeing it start to happen. I see this as being like 10-12 years ago when some of us saw the GOP become far more extreme in a short period. We had warning signs earlier but when they lost in 2008 they really started on the warpath to building out a 1-party state. Many people didn't see what was coming. That is what I'm seeing now. I think sometime in the near future the US will be having discussions about a heavily politicized SCOTUS. And it'll be measurable - what we'll see is an erosion in the trust in the institution. The Supreme Court enjoys being the branch with the highest confidence with the public right now. As we see rulings like this splash out on the front pages of the newspapers what will likely happen is that we'll see an erosion of that level of confidence over time.
Justices aren't robots with pre-ordained decision trees. They converse, argue, and attempt to convince each other. Amy sided with Gorsuch this time around.
No one is calling them robots but they certainly have ideologies. I am arguing that this was a politicized, activist result and it presages more turbulence ahead. This was so obvious that the professional 'bury your head in sand' types are saying this was highly political. And the idea that "Amy sided with Gorsuch" isn't impossible but it is sort of a fantasy. Was there any real doubt she wouldn't vote this way? She was picked by the Federalists because she already had these views on her own.