this post was submitted on 02 Oct 2023
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Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.

“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”

“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.

In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.

The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.

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[–] HamsterRage@lemmy.ca 13 points 1 year ago (5 children)

To me, as a non-American, the most baffling thing is that everyone in the States just assumes, and accepts, that these appointed justices are going to rule according to some political bias.

That's not the way it works in the rest of the free world. Judges are, by definition, trusted to be impartial interpreters of the law/constitution. That's their role.

I live in Canada, and I'm vaguely familiar with some of the names of our Supreme Court justices, but I certainly don't know their political leanings, nor do I care. Nor does any Canadian I know. That's the way it's supposed to be.

So as far as I can see, the problem isn't that SCOTUS is stacked with Republicans, nor that it can be. The problem is that everyone seems to assume that this is the way it should be.

[–] blazeknave@lemmy.world 38 points 1 year ago (2 children)

No, we don't. Along with Citizens United, EVERY American with a brain and open eyes is aware these are the absolute most important problems, and they lead to endgame checkmate authoritarianism.

[–] HamsterRage@lemmy.ca 8 points 1 year ago

And yet I never see any mention of this anywhere. Even here, it seems that Biden is more concerned about whether the court can administer justice because it is so much out of balance. No mention, though, that the "balance" shouldn't even be a factor.

SCOTUS justices are appointed for life because it's supposed to put them above political considerations. No politician can influence them by threatening removal. Yet, there you are, SCOTUS is just as political as the other two branches.

[–] agent_flounder@lemmy.one 15 points 1 year ago (3 children)

First of all, the Overton Window in America is skewed heavily right. So our centrist Democratic leaders are center right, our Republicans are what most countries would call regressive, extremist, authoritarian right wing, or even fascists.

See, the problem is rightwing extremism has been on a campaign since the civil rights era to take control of the country and undo the progress made since the 1960s.

They installed right wing media. They cut education and tampered with curricula. They gerrymandered. They instituted voter suppression. Their strategy culminated in the Federalist Society influencing the selection of Gorsuch and installation of right wing judges during the Trump administration.

The thing you have to know if you ever want to try and stop extremist, authoritarian, right wing regressives is that they do not hold the same ideals and morals as you and I. They do not play from the same playbook or follow the same rulebook.

They believe that "might makes right," that any ends justify the means, that rules are enacted to protect them and their in group and punish their selected out group. They believe in many cases that their cause is justified by God.

And so any justice who adheres to such zealous principles will see no issue with finding a way to rule in the favor of their side. They may even go so far as to rule with weak or minimal justification. They will be a lot less likely to rule in an unbiased fashion.

My current opinion is that, so far, we have only seen rulings that fall into the "finding a way" category.

I think these justices will incrementally push the envelope on what they can get away with over the upcoming decades.

[–] Zink@programming.dev 8 points 1 year ago (1 children)

“I think these justices will incrementally push the envelope on what they can get away with over the upcoming decades.”

I feel like we have already turned the corner of openly ruling along party lines as well as unrepentant corruption.

[–] agent_flounder@lemmy.one 4 points 1 year ago (1 children)

I think it will get worse and worse until.... well I don't know what will turn it around or when.

[–] Zink@programming.dev 6 points 1 year ago

Agreed. I forgot to end my post with “but I fear that it can get so much worse before anything is done.”

I mean, as crappy as the court has been and all the confidence they’ve lost, they have essentially just cemented the role of Supreme Court justice as a politician instead of some honored impartial high quality person who stays above it all.

So they have blatantly pushed the Republican agenda, including things like Roe. But they could do so much more damage still.

I doubt the Republican justices stay alive for much longer with the growing realization that political assassinations easily solve issues with the supreme court. It's talked in hush tones a lot online because people act as if talking about the thing means you're inviting it.

Tbh I'm genuinely surprised suicidal people on the left haven't already taken one out. I was betting on it to happen shortly after Biden took presidency. It's going to happen eventually if they keep ruling like shit. Revolutions are started by such political stunts.

Although I used to think all the crazy school shooters were eventually going to be lefties as well. Turns out they at least try to get medicated and fix themselves. Righties just go out murdering for apeshit reasons lol. Still, I know way more people on the left in serious depression and wanting to commit suicide. With the amount of fame MSM gives suicidal murderers... like before, I'm surprised it hasn't already happened.

[–] jasory@programming.dev -1 points 1 year ago

This patently false, compared to the world as a whole the US is quite liberal. Only in certain aspects, compared to certain European countries is the US "right-wing". US for instance has way more liberal freedom of speech and religion than most countries. How many European countries have a state religion?

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

That's not the way it works in the rest of the free world. Judges are, by definition, trusted to be impartial interpreters of the law/constitution. That's their role.

The problem is that these judges are appointed through a political process, as about any government worker apparently is. This way you get a hyper politicized country, where even the job of librarian is no longer just a job, but an oppointment that should be strictly controlled.

It's absolutely baffling.

[–] bobman@unilem.org 0 points 1 year ago* (last edited 1 year ago)

Yes. The supreme court is a political tool just like every other branch of government.

They are not impartial. They all have agendas.

I think Canada may not have this issue because there aren't as many different cultures in Canada competing for dominance.

Even though your ruling class wants to extend its reach as much as possible, they acknowledge they're still ruling over Canadians.

In the US, it's "city people ruling over country" or "whites ruling over blacks" or "christians ruling over everything." This means it's acceptable and even encouraged for one group to abuse another.

This creates an "us vs. them" mentality because it really is us vs. them.

[–] stewie3128@lemmy.ml 0 points 1 year ago

Your parliament just gave a nazi a standing ovation.