The liberal justice took aim at various recent rulings, including one that paved the way for rampant partisan gerrymandering of legislative districts.

Liberal Justice Elena Kagan sharply criticized the Supreme Court’s conservative majority Tuesday, saying it undermined democracy in a series of rulings, including several that have prompted a new wave of legislative map-drawing that has increasingly eliminated competitive districts.

Kagan, who has dissented in those cases, also took aim at the majority for striking down campaign finance restrictions and, as she put it, the “evisceration” of the landmark 1965 Voting Rights Act that was enacted to protect minority voters.

“Part of the reason why the court got it wrong was a kind of lack of the appropriate concern or understanding of the consequences of their decisions,” she said in remarks at Catholic University’s law school in Washington, D.C.

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[–] 17 points 7 hours ago (2 children)

Reminder, Bush wasn't elected in 2000. They stopped the recount because of riots that Roger Stone took credit for and the SC just gave it to Bush.

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  • [–] 11 points 6 hours ago*

    I used to believe that we should increase SCOTUS to 13 seats, but I know longer believe that. Now I believe that we should increase SCOTUS to 29 seats, with rolling term limits.

    No single bad faith president should be able to rig the court to negatively influence policy for decades after they're gone.

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  • [–] 25 points 13 hours ago* (2 children)

    "Conservative judges" and "liberal judges" should not exist. Judges shouldn't be aligned with any political party, they should be legal professionals.
    Separation of Powers is a great ideal but, unfortunately, the US got it positively wrong letting the president appoint judges. A bit too late to change now, though. (Tangentially, the US actually has very good separation between the executive and legislative branches, which nevertheless isn't useful when they're both controlled by the same personality cult.)

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  • [–] 1 point 9 hours ago (1 child)

    The US's separation between legislative and executive branches just means that they can each point the finger at the other when things go badly. I'm glad my country doesn't use that kind of system.

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  • [–] 5 points 7 hours ago

    The other weakness of the US presidential system is that when the executive and legislature are diametrically opposed (the system wasn't envisioned with parties in mind), they both still have to be able to get stuff done, so the power of the executive is expanded way beyond what's acceptable in e.g. the Westminster (parliamentary) system, and the legislature, which is technically the supreme branch (representing the will of the people directly) has to take drastic measures to overturn executive decisions.

    In the Westminster system, the executive necessarily maintains the confidence of the parliament, so it can always get stuff passed through parliament while the opposition in parliament also acts as a formal mechanism to critique it. If party discipline is enforced, though, the parliament can't actually do all that much to control the executive and ends up acting as a rubber stamp (with the opposition possibly loud but impotent).

    It also really depends on the local culture: if "backbench" (to use the UK terminology) government MPs aren't afraid to stand up for their values, criticize their party in government and shoot down various laws, parliament really does act independently. On the other hand, if MPs are loyal to their party above all else, there are effectively only two branches of government: the legislature-executive and the judiciary, which necessitates either a powerful (activist) judiciary or a very limiting constitution to maintain balance.

    What system does your country use?

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  • [–] 37 points 15 hours ago

    Jesus fucking Christ, does anyone even have object permanence anymore?

    Both GW Bush in 2000, and Trump in 2016, lost the popular vote yet won the electoral college. They went on to appoint the conservative majority to the Supreme Court.

    Project RedMap happened during the Obama years.

    https://en.wikipedia.org/wiki/REDMAP#Criticism

    The system has already been subverted with no meaningful attempts at reform.

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  • [–] 5 points 11 hours ago

    I would say there is strong evidence.

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  • [–] 42 points 21 hours ago (1 child)
  • [+] -18 points 7 hours ago (1 child)
  • [–] 50 points 23 hours ago (1 child)

    Its nuts that they're so obviously political.

    What is the point of a court with judges that see every issue through the lense of the party that appointed them.

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  • [–] 16 points 19 hours ago (2 children)

    They're appointed for life. It's amazing how long that is.

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  • [–] 158 points 1 day ago (9 children)

    “Part of the reason why the court got it wrong was a kind of lack of the appropriate concern or understanding of the consequences of their decisions,” she said in remarks at Catholic University’s law school in Washington, D.C.

    They know full well the consequences of their decisions and are glad of it.

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  • [–] 41 points 1 day ago (1 child)

    Some people just can't accept that human beings can be that evil. So they think they're misinformed or got tricked into doing the thing. I used to be like that, seeing good in people to a fault. Some people are just evil, cartoonishly evil. Straight up Dr. Evil evil.

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  • [–] 8 points 1 day ago (3 children)

    they might realize some consequences if republicans lose so much they essentially become a third party.

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  • [–] 12 points 1 day ago (2 children)

    There's no viable alternative party to turn the Republican Party into a third party. Widespread electoral reform would need to occur to make that possible, something that must occur at the state level for each and every state.

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  • [–] 7 points 22 hours ago

    There's never going to be three viable parties at once (as you said, not without extensive changes to how voting works, anyway), but that doesn't mean the same two parties are always the major ones. It would be entirely possible for the Republican Party to implode badly enough that the less-extreme ones all defect and we end up with one neoliberal/conservative party and one progressive/socialist party.

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  • [–] 10 points 1 day ago

    in that situation you would temporarily see a uniparty which we know fights with itself to begin with given its big tent philosophy. It would not take very long for it to split. Im thinking you would likely see something like a progressive democratic party split off and the standard democrats would become the de facto conservative party. Could go the other way though.

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  • [–] 6 points 1 day ago (1 child)

    Idk, I'm sure the SCOTUS is full of very reasonable and sensible people.

    Has anyone just tried talking to them while using facts and logic?

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  • [–] 2 points 19 hours ago

    I did... They called me a bunch of slurs after and one of them said, "eat shit, dweeb!" and then the girl one kicked me in my asshole. I don't know if they actually can be reasoned with?

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  • [–] 28 points 1 day ago

    They are 100% undermining democracy. They're traitors to the country and humanity. I'm sire we'll do nothing about it though.

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  • [–] 32 points 1 day ago (6 children)

    The US Supreme Court was never a particularly democratic institution, conservative majority or not.

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  • [–] 5 points 1 day ago (4 children)

    When has the SCOTUS not enjoyed a large conservative majority?

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  • [–] 16 points 23 hours ago* (3 children)

    The Warren Court, from 1953-1969. Which is when most of the advances to civil rights that are currently being unmade took place.

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  • [–] 11 points 19 hours ago (2 children)

    The Warren Court, from 1953-1969

    United States v. O’Brien made burning draft cards in protest illegal

    Terry v. Ohio legalized Stop-and-Frisk Police tactics

    Swain v. Alabama cemented the All White Jury for another decade.

    Walker v. City of Birmingham made the original MLK protest marches illegal.

    And unlike the subsequent Burger Court, which began placing substantial constitutional limits on the death penalty, the Warren Court was generally comfortable with capital punishment.

    Much of the modern police state finds it's roots in the Warren Court.

    Then consider that the first major ruling striking down a law for discriminating against women did not arrive until 1971, after Earl Warren had retired. This was after over sixty years of Sufferegate agitation.

    Warren fully neglected LGBTQ rights, despite a number of early cases. Warren even interpreted federal immigration statutes to uphold the exclusion and deportation of individuals based on homosexuality, treating it under provisions barring "psychopaths" or persons with constitutional psychopathic inferiority.

    Civil Rights advancements were largely limited to a pool of politically engaged upwardly mobile straight black men. Rights for women and other minority groups (particularly migrants) floundered.

    It should further be noted that Warren was a century behind the times, relative to the legislative and even the executive branch. They were still the last branch of government to get behind civil rights, and often in the most minimal fashion.

    They could only be called progressive relative to their Hughes Era predecessors, which operated in open defiance of the FDR lead government. By 1941, FDR had thinned the herd of opposition judges enough to consistently uphold his legislative agenda. Stone, Vinson, Warren, and Burger would lead a relatively liberal court for the next 40 years. But it still trailed the national executive and legislatures, which in turn trailed the progressive state governments, which trailed the activist movements nationwide.

    The courts are consistently the last to do anything resembling progressive reforms. They are far more often a bullwark against process.

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  • [–] 2 points 13 hours ago (1 child)

    The only cases I can think of where the courts were more progressive than the legislature are Roe, Obergefell, and Bostock, but the latter two were after the deadlocking of congress

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  • [–] 3 points 13 hours ago

    They all trailed a bunch of state level reforms and outright popular activism.

    And they were minimalist in their reforms, not expansive and definitive. Which has cleared the way for their undermining and rollback through counter-revolutionary action.

    Roe was swiss cheese when it was written, hiding under the fig leaf of Privacy established two courts prior. Obergefell was barely more than a restatement of the the Equal Protection Clause and 14th Amendment. Bostock was a reiteration of Title VII of the Civil Rights Act.

    None of this was radical or even novel. It was the Courts squeezing out edge cases on a bunch of reactionary state legislatures that refused to accept settled law.

    Like, Oberfell in particular came over a decade after the Iowa courts trailblazed right to gay marriage. And that was, in turn, decades after civil courts were issuing licenses in defiance of social norms. And that was an eternity after gay cohabitation and "adult adoption" to stimulate legal marriage. They were way behind the curve.

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  • [–] 8 points 23 hours ago

    I’ll take “Obvious shit” for 1,000 Alex.

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  • [–] 15 points 1 day ago
    [–] 7 points 1 day ago (1 child)

    There has to be a stronger word than “accuses” somewhere in the dictionary.

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  • [–] 8 points 1 day ago

    She said the loud part out loud?

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  • [–] 3 points 21 hours ago

    Yes, we noticed.

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  • [–] 8 points 1 day ago (1 child)

    The more that do this, the more they will all do this. Encourage this by calling your reps.

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  • [–] 2 points 22 hours ago

    “their rights to voting equality” and have the effect of “driving people away from the center, towards the wings, toward the extremes”

    That was their objective. They want tribalism so it can be some weird, disgusting Super Bowl of blood, like the Civil War. Also, we know there are nation states fomenting this to divide us so they can wedge their whatever forward.

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  • [–] 1 point 22 hours ago

    And in other obvious news: folks found in kitchen.

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