this post was submitted on 29 Jul 2023
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politics

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[–] Matthew@programming.dev 45 points 1 year ago (2 children)

Ah, so only two of the three branches of government are subject to checks and balances?

[–] FinalRemix@lemmy.world 10 points 1 year ago

Well... yeah. Have you seen the shit those untouchable godkings have been getting away with?

[–] zerkrazus@lemm.ee 3 points 1 year ago

In theory, a few of them should be impeached, tried, convicted, disbarred, removed, & jailed, since lying to Congress under oath is a federal offense I'm pretty sure.

[–] Moyer1666@lemmy.ml 42 points 1 year ago* (last edited 1 year ago) (4 children)

You're wrong Alito, Congress can definitely make rules and laws to regulate you. They have the explicit authority to do that.

"The court can be trusted to self-regulate"

That's bullshit. With your unethical bribes being accepted and the bullshit rulings you've been making have proven you're an incompetent corrupt court.

[–] Methylman@lemmy.world 24 points 1 year ago (16 children)

It's right on the courts' info page

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices.

[–] flipht@kbin.social 10 points 1 year ago (5 children)

I mean, these people haven't even read the laws they're supposed to be deciding cases on. You expect him to read his own website too? The privilege.

/s

[–] chaogomu@kbin.social 18 points 1 year ago

You used sarcasm. Samuel Alito might not have read actual law in years. He mostly writes about the current manufactured outrage from Fox News, and tries to shoehorn that into an opinion. He's gone off-topic a few times in recent years, trying to shove culture war bullshit into cases where they're only tangentially related.

It's called Fox News Brain. Your racist uncle and a sitting Justice of the Supreme Court both have it.

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[–] TWeaK@lemm.ee 6 points 1 year ago (1 children)

Pretty much all authority the Supreme Court has is power it has given itself. It's long overdue being reigned in.

[–] Methylman@lemmy.world 4 points 1 year ago (1 children)

Indeed, I posted this on another thread about the court

Thomas Jefferson to Abigail Smith Adams, September 11, 1804, "but the opinion [Marbury v Madison] which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch."

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[–] 001100010010@lemmy.dbzer0.com 4 points 1 year ago* (last edited 1 year ago) (2 children)

But will congress enforce the rules? By enforce, I mean using the power of Impeachment and voting to convict under said Article(s) of Impeachment. Otherwise, any rules are pointless. A president can only be prosecuted after leaving office, how do prosecute a sitting supreme court justice who serves for life? Even if you did, they'd still be a sitting justice that can rule from prison since criminal conviction =/= impeachment conviction, and I'd imagine the case could go up to the very court that he/she sit in, and it only takes 4 of their collegues plus their own vote to overturn their own conviction.

In this political climate, it's practically impossible to convict a justice under the impeachment procedure.

[–] burntbutterbiscuits@sh.itjust.works 2 points 1 year ago (1 children)

Would be interesting to see a sitting Supreme Court justice who has been impeached but not convicted.

[–] Zron@lemmy.world 2 points 1 year ago (1 children)

An impeachment is not a criminal trial, the Supreme Court would have no authority to make a decision in an impeachment.

Impeachment is purely a political tool to remove nefarious actors from the government. So an impeached justice would have his spot on the bench taken away, and then would be a regular citizen who can face trial and imprisonment like any other.

If they decide to ignore that rule, it’s literally the job the of the president to have them arrested and brought before congress to face their impeachment.

I would hope if the court tried to play that hand, congress would actually start using their authority and install a new court, but I trust congress to have a spine as much as I trust my 102 year old neighbor to mow his lawn.

But don’t worry, that would be like the 3rd constitutional crisis we’ve had in 5 years. They’re getting kind of boring now anyway.

[–] bemenaker@lemmy.world 2 points 1 year ago

The GOP would never give up their own. They proved that with Trump. Trump would have been impeached had McConnell not gone to Trump's lawyers and told them what they needed to say after the first day of the trial. The Senate left the first day with the mindset of he has to go. McConnell told Trump's lawyer that even most R Senators were going to impeach him unless the lawyer did exactly this.

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[–] cerevant@lemmy.world 30 points 1 year ago

Funny, the doctrine of judicial review doesn’t exist in the constitution either.

[–] Hazdaz@lemmy.world 28 points 1 year ago

The branch of government with lifetime appointment can't be regulated by anyone else?!? LOL

How convenient!

The only thing stopping that from happening now is that Democrats are too weak to push the issue.

[–] Fisk400@lemmy.world 22 points 1 year ago* (last edited 1 year ago) (1 children)

We the people made up the rules and we can change them in any way we want. If the supreme Court has some kind of magic that stops that they are free to deploy that but in the meantime we can assume that they are flesh bags like the rest of us.

[–] JustZ@lemmy.world 12 points 1 year ago (9 children)

He means absent a Constitutional amendment. And he's correct.

Congress authority is limited to saying what type of cases the court can take and how many justices there are.

Constitution says they are lifetime appointments. Can't really attach rules to that. Even if they break the rules, they are still lifetime appointments.

Only way out is death, retirement, or impeachment. I think only one justice was ever impeached.

[–] ZombieTheZombieCat@lemm.ee 9 points 1 year ago

Maybe I'm wrong but I thought the only thing the constitution says about it is "there shall be a supreme court."

Regardless, the constitution was created to be amended, and it's the states that vote on those. You know. That whole democracy thing.

[–] bemenaker@lemmy.world 6 points 1 year ago* (last edited 1 year ago)

Congress can impeach Alito and remove him from the bench. So, yes, they have some major muscle to flex. Unfortunately, the GOP is so corrupt, they wouldn't impeach Alito for for shooting a random stranger on 5th ave and having sex with their corpse., in broad daylight, on live TV.

[–] surewhynotlem@lemmy.world 2 points 1 year ago (2 children)

There's nothing that says we have to listen to their rulings. They can simply be ignored.

[–] BloodyFable@lemmy.world 2 points 1 year ago

“John Marshall has made his decision, now let him enforce it.”

[–] JustZ@lemmy.world 1 points 1 year ago (1 children)

Uhhh, no? Courts and officers of the court are bound, top to bottom. Someone that ignores orders may be held in contempt. Courts can issue writs of capias to any proper officer and writs of mandamus to lower courts.

[–] nostalgicgamerz@lemmy.world 1 points 1 year ago (1 children)

Yep tell that to the GOP lawmakers in Alabama

[–] JustZ@lemmy.world 1 points 1 year ago (1 children)

They're going to find out.

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[–] mechoman444@lemmy.world 11 points 1 year ago

Well someone better regulate their silly asses cuz what they're doing now is throwing civil rights back to Jim crow.

[–] mookulator@lemmy.world 9 points 1 year ago

Expand and term-limit SCOTUS. This system is ridiculous

[–] agitatedpotato@lemmy.world 8 points 1 year ago (1 children)

No balances, only cheques I suppose

[–] Mereo@lemmy.ca 2 points 1 year ago

Haha. Yes. Basically they want to stay kings and Queens.

[–] Arsenal4ever@lemmy.world 8 points 1 year ago (1 children)
[–] reverendsteveii@lemm.ee 6 points 1 year ago

scotus rulings only apply to the underclasses, like democrats, black people, queer people and other communists.

[–] CannaVet@lemmy.world 5 points 1 year ago

"The court has investigated the court and found no wrongdoing on the part of the court"

[–] 4kki@feddit.de 4 points 1 year ago (1 children)

So the constitution gave SCOTUS the authority to regulate women's bodies?

[–] Zron@lemmy.world 2 points 1 year ago (6 children)

The court gave the court that authority.

When you think about it, the court itself has been unconstitutional since 1803 when they decided for themselves that they had the authority to decide what is and isn’t constitutional. Marbury V Madison is the case that “gave” the court the power of judicial review. A power that is not enumerated in the constitution whatsoever, and was entirely made up by the Supreme Court.

Judicial review is a bullshit system and should have been struck down with an act of congress immediately. Unfortunately, Americans have apparently always been lazy, and delegating constitutional questions to the court was seen as easier than making amendments all the time.

In short: sack the court and start again. Create a new entity for making constitutional interpretations, and make SCOTUS back into what it was supposed to be: the final court of appeals for the judicial system.

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[–] crocswithsocks@lemmy.world 2 points 1 year ago

Apparently the Supreme Court doesn't either.

[–] linearchaos@lemmy.world 2 points 1 year ago (1 children)

I do believe they have entered Fuck Around and Find Out territory

[–] rambaroo@lemmy.world 3 points 1 year ago (2 children)

SCOTUS won't be able to do shit against a determined president. They're the most powerful branch now, but only one branch has direct access to an enforcement arm, and it isn't SCOTUS.

They better tread carefully. People are only going to become more extreme the more they continue dictating from the bench for the wealthy and corporations. They could be completely neutered as an institution.

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