this post was submitted on 30 Jan 2024
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U.S. Supreme Court Justice Sonia Sotomayor said Monday she feels daily “frustration” as conservative justices move the country to the ideological right.

In an appearance at the University of California, Berkely School of Law, Sotomayor was asked how she copes with the consistently conservative rulings from the court.

“Every loss truly traumatizes me,” but “I get up the next morning,” she said in response to the question, The San Francisco Chronicle reported. The crowd — about 1,300 students — applauded.

In her remarks, she criticized her “originalist colleagues” whom she said have come up with “new ways to interpret the Constitution,” changing rulings “that some of us believed were well established,” the Chronicle reported.

The 6-3 conservative court has had an eventful couple of terms, making its mark on some of the most consequential aspects of everyday life — from overturning the federal right to an abortion to ruling affirmative action in colleges unconstitutional.

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[–] [email protected] 147 points 9 months ago (13 children)

Expand the court. "But republicans will do the same" you might say. To that I say "okay, let the court be a million judges to show just how shitty and ridiculous it is, let it collapse under its own stupidity. Besides, the conservatives already control the court, so there's really nothing to lose."

[–] [email protected] 53 points 9 months ago* (last edited 9 months ago) (1 children)

Make every US citizen a justice upon turning the minimum age for a Supreme Court justice.

[–] [email protected] 20 points 9 months ago (1 children)

Upon learning this in High School I was baffelled... There are no requirements to being a Supreme Court justice in the constitution. Simply that you are appointed by the president, and Congress confirms you. You don't need a background in law at all. There is no age requirement at all. There aren't even citizenship requirements. By the Constitution, Biden could appoint Gretta Thornburg to the Supreme Court, and Congress could confirm her, and we would have Justice Thornburg for the next 70-odd years.

https://www.findingalawyer.org/supreme-court-justice-qualifications/

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[–] [email protected] 29 points 9 months ago* (last edited 9 months ago) (1 children)

My favored tactic is to -- Bam! Expand the court to 11 in one year, than 13 in two. Nuke the filibuster if you have to.

Then Democrats can sit down with Republicans and say "You can let us appoint 4 justices to lifetime terms and wait until you get the Presidency and both houses of Congress to expand it more, or you can work with us to pass an amendment to set up term limits and other reforms so the SC is no longer a political football".

[–] [email protected] 9 points 9 months ago

The main issue is confirmations. If enough Republicans hold the Senate, they can stall confirmation until their guy comes into office and then stuff the court further.

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[–] [email protected] 124 points 9 months ago* (last edited 9 months ago) (4 children)

NO position should ever be for life. It's ridiculous that we have 70/80/90 year olds running things forever until they die. They should retire and let the next generation take the reins. Age and term limits. Courts should not be able to be packed like this. Nothing should.

[–] [email protected] 31 points 9 months ago (3 children)

They should also probably be held to some ethical standards, but that's too much for the nation's most powerful court/justices. Nevermind the US code of conduct says justices are to avoid even the appearance of impropriety.

But who needs a functional government or justice system? It's just keeping big business from making even more money, and destroying the planet faster.

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[–] [email protected] 27 points 9 months ago* (last edited 9 months ago) (1 children)

Also, the fact that the reasoning behind this is because they don't want the justices to be pressured by partisian issues is ironic considering....

[–] [email protected] 11 points 9 months ago (1 children)

I don't see how anyone ever thought that a president appointing them would be bipartisan. Ironic indeed.

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[–] [email protected] 5 points 9 months ago

Australian High Court justices have an age limit.

[–] [email protected] 4 points 9 months ago

I’ve long held that if a “life sentence” in prison is 20 years, then 20 years should be the lifetime term of a SC justice.

Limits on age and terms, as well as tests for competency and ethics, would also be great additions. It’s kind of amazing this isn’t already a thing.

[–] [email protected] 56 points 9 months ago (3 children)

Not like she can do anything either. If she steps down now, Biden replaces her, demographics of the court stay the same.

All she can do is hang on until Thomas and Alito are replaced and hope that happens under a Democratic President

That will flip the court from 6-3 conservative to 5-4 liberal, but then the problem is the next 3 oldest justices are Sotomayor, Roberts and Kagen.

[–] [email protected] 68 points 9 months ago (7 children)

The truly frustrating thing about all of this is that the courts composition can be changed by acts of congress. The republicans pulled some massive bullshit to get this court. Biden could run with the campaign promise to unfuck the Supreme Court. This would be massively popular. Just add justices to rebalance the court. It can be done.

[–] [email protected] 29 points 9 months ago (1 children)

As much as I'd like that, the new justices would still need to get approved by congress. Unless we get 60 Dem senators, we're stuck at 9 for the foreseeable future.

[–] [email protected] 23 points 9 months ago (1 children)

I don’t believe the filibuster applies to judicial nominees anymore.

[–] [email protected] 16 points 9 months ago (1 children)

It doesn't, but an act to change the size of the court would have to go through the House and Senate and we don't have the votes in either body for that right now.

Fun fact, the last time we changed the court size was to SHRINK it from 10 to 7 in order to deny President Johnson (no, the other one) a Supreme court pick.

After he got bounced and replaced by Grant, they increased it back to 9 where it has been ever since.

I wouldn't be averse to something similar, shrink the court from 9 to 5, elimimate the 4 most recently added justices. Yeah, we'd lose Brown-Jackson, but that's a small price to pay to get rid of Trump's nominees.

The court would then split 2 conservative, 2 liberal with Roberts as the swing vote.

[–] [email protected] 19 points 9 months ago (1 children)

IIRC, most legal scholars believe that shrinking the court doesn't get rid of existing justices as they are appointed for life. It simply prevents the appointment of new ones.

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[–] [email protected] 18 points 9 months ago (2 children)

Biden could run with the campaign promise to unfuck the Supreme Court. This would be massively popular.

It would be massively popular but I don't see it galvanizing new voters. Anyone civically engaged enough to understand the fuckedness of the supreme court was already planning to vote Biden.

[–] [email protected] 5 points 9 months ago (1 children)

He doesn’t need new voters, he needs to energize his base which he seems intent on demoralizing with his Gaza bullshit.

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[–] [email protected] 5 points 9 months ago

It's sad how true this is.

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[–] [email protected] 26 points 9 months ago* (last edited 9 months ago) (3 children)

She could take out one of her colleagues. She's right there in the room with them. They'd never see it coming.

[–] [email protected] 26 points 9 months ago (1 children)
  1. Wait for the conservative justices to side with Trump and say that the president has absolute legal immunity

  2. Hand Biden a gun

  3. ?????

  4. Profit.

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[–] [email protected] 12 points 9 months ago (3 children)

She's a 69 year old type 1 diabetic...

You know what the average lifespan for a type 1 diabetic woman is?

68 years old...

She should have stepped down immediately and let Biden replace her. Instead if Biden keeps fucking up, trump could very likely get another.

[–] [email protected] 4 points 9 months ago (1 children)

She does have the very best healthcare in the country though...

[–] [email protected] 7 points 9 months ago (1 children)

True.

But stress is something that needs to be avoided to help increase lifespan with type 1 diabetes.

And she's not shy about how she's doing

https://news.bloomberglaw.com/us-law-week/sotomayor-says-surprised-by-supreme-court-pace-tougher-workload

Justice Sonia Sotomayor said she’s “tired” and “working harder than I ever had” due to the Supreme Court’s big cases, growing emergency calendar, and briefs from outside groups.

“And to be almost 70 years old, this isn’t what I expected,” Sotomayor said Monday during an appearance at the University of California, Berkeley’s law school. “But it is still work that is all consuming and I understand the impact the court has on people and on the country, and sometimes the world. And so it is what keeps me going.”

Just like RBG, she's taking it personal and thinking only her can "fight the good fight".

She's great and all, but we can find someone 30 years younger with a much lower risk of dying while Republicans have power.

This is bigger than any one person.

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[–] [email protected] 54 points 9 months ago (10 children)

I was in DC recently, and I saw Ruth’s grave, and just wish she knew the legacy she created.

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[–] [email protected] 51 points 9 months ago (1 children)

Eh, civil disobedience is making a comeback.

These fucks are going to learn real quick how the social contract is a two-way agreement.

[–] [email protected] 18 points 9 months ago

They'll have to push REALLY, REALLY far before they actually motivate most people to resist.

[–] [email protected] 23 points 9 months ago (1 children)

You know... legally speaking, she is allowed to kill the other justices.

[–] [email protected] 9 points 9 months ago (2 children)

Boomers dying out will be the best thing for this country.

[–] [email protected] 8 points 9 months ago

I don't think Kavanaugh and Amy Coney Barrett are Boomers. (Kavanaugh IS within months though.)

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[–] [email protected] 22 points 9 months ago

Yeah, welcome to the fucking club.

[–] [email protected] 16 points 9 months ago* (last edited 9 months ago)

No mention that the supreme court is about to dismantle democratic control over agencies. There is a big power grab underway to deregulate everything and cripple government. Only know of it from here:

https://www.thenation.com/article/society/we-are-witnessing-the-biggest-judicial-power-grab-since-1803/

https://youtu.be/gqb2C2pmx2k

[–] [email protected] 14 points 9 months ago (1 children)

Damn, I feel like she opened up a lot more than SCOTUS judges typically do. That’s telling.

[–] [email protected] 5 points 9 months ago

I can't imagine how frustrating it must be

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