this post was submitted on 25 Jun 2025
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politics

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[–] [email protected] 1 points 1 day ago (6 children)

Well. Yeah?

They're powerless, they might as well not exist. The only purpose they serve is keeping even more fascists off the Court.

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

You say that, but majorities across the board are razor thin. Assuming there's still midterms a lot of this can be flipped.

The courts of course will be harder to fix

[–] [email protected] 4 points 1 day ago (3 children)

... but we were talking about the Courts?

[–] [email protected] 2 points 1 day ago* (last edited 1 day ago) (1 children)

In our system a large enough majority in congress can overrule a lot of what the courts are doing unless they go absolutely bonkers.

The court can say there's nothing the in the constitution that prevents "X", but congress with a large enough majority can pass a bill without the president's signature to expressly allow "X".

Our courts have not yet shown a willingness to go totally rouge and have voted against Trump several times this administration alone, but they always could go rouge I suppose. And of course they make shitty decisions like these.

[–] [email protected] 1 points 1 day ago* (last edited 1 day ago) (1 children)

Overturning Roe was a rogue act, completely defying precedent. Just recently they ruled that banning healthcare for trans children is constitutional too, despite it clearly being discrimination based on sex i.e. a recognized class.

They're making rogue decisions all the time, they just occasionally rule against Trump so you don't start losing faith in the Courts and don't start looking for alternative solutions.

[–] [email protected] 1 points 1 day ago

Unfortunately viewed from the constitutionalist theory which has always existed within the court it does make sense. There is a fair argument, one i personally disagree with, that the result of Roe is not in the constitution and therefore not something the court can legislate from the bench. Likewise with the arguments used against Trans youth.

I don't like these decisions, I don't support these decisions, but they do exist within the traditional frameworks and legal arguments of courts past. We've been rather fortunate for the past 30 or so years to have a more liberal court that prefers to take an interpretive view.

The only decision they've made recently that is outside of that is the idea that the president has total immunity for "official acts" that has no basis in the constitution at all.

If anything the current court make up emphasizes why things like Roe should have been codified years ago.

These are dark times for many of the liberties we all enjoy, but for the most part this courts actions do line up with historical precedent of a conservative court. It is a nightmare, and far too many people are going to suffer. I just hope that we all make it out of this and Institute real reforms across the board.

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