QUOTE(Striferuka @ Jul 10 2024, 21:18)

So from what I have heard mainly ABC News and others it would seem that the supreme court have gone far to the right.
The main argument is that the Democrats reduced some of the safe guards when appointing Supreme Court Justices because they believed Hillary would win and they could push all their candidates through. When they recently controlled both houses they could have restored the process to what it was previously but chose not to. So implicitly the problem is that they are saying is that 'the decks were stacked but we did not get to do it this time'.
The justices that were appointed were selected for being constitutionalists rather than activists, which arguably is a centrist position because they are looking at 'what is the legislation' and 'what is the constitution'.
A lot of left leaning decisions in the past were due to poorly constructed legislation and legislative gaps that Democrats and Republicans have failed to address.
Roe v. Wade (1973)-The original rulings explicitly stated that the legal basis of the decisions were not on firm grounds and could be challenged in future and that congress needed to pass new legislation confirm the position.
-Challenges against state and federal vaccine mandates on the same legal basis as Roe v Wade brought the ruling down where it went back to state powers.
Democrats have controlled both houses like seven times since 1973 and easily could have passed legislation and it was challenges against their own poorly constructed vaccine mandates that brought it down. They decided to keep it as a wedge election issue, similar to health care reform, where they had the opportunity to pass reforms but establishment democrats opposed them.
Fun fact: Norma McCovey aka Jane Roe, later launched appeals against the decision and became a campaigner against the Roe v Wade decision.
Chevron v. Natural Resources Defense Council 1984The basic ruling was originally was where there was a grey area interpretation of legislation the courts would allow the government agencies to look to the intentions and discussions of congress when they decided regulations and policies.
The problem is scope creep of organizations such as EPA building upon multiple layers of interpretations to impose new regulations and costs without new legislation. Its a legislative failure, it was supposed to be allowed as reasonable as a stop gap until new legislation was passed. Again Republicans and Democrats failed to update the legislation since the 80s.
Trump v. United StatesThere has been an assumed partial immunity for Presidents and constitutional processes in place for like 100-200 years. Presidents have relied upon this for the past 100 years. Obama and Bush would be war criminals, Clinton would be done in for corruption, Biden would be done in for acts of war without congressional oversight (and a bunch of stuff as VP which they say he is too senile to be charged for). The supreme court simply ruled on how it applies and where the courts and current processes apply. Democrats seriously did not want this overturned, just they wanted the decision after the election.
The problem I would say is actually with Biden, who is signing off things as president without reading and comprehending (he has literally said this) and this is effectively shielding other administration actors under presidential privileges.
QUOTE(Striferuka @ Jul 10 2024, 21:18)

[b]Also there is an entirely different issue with the court. Like how they are influenced by money and such to favour one side or the other.
This is a major problem throughout US politics at multiple levels. When Trump tried to ban activists and special interest loby groups from the white house it caused a shockwave in govt agencies, congress and the senate, when you think it should be normal practice.
I can't complain too much, the left wing government in my country has been caught up in a corruption case they are trying to suppress desperately. The left wing party is ruled by the unions, but one of the major unions is run by the crime syndicates. Its just a coincidence they blocked and overruled legislation that would have reduced the profits of the unions and the syndicates.
QUOTE(Striferuka @ Jul 10 2024, 21:18)

Lately its gone far right. Its far from independent since when a new judge is appointed its usually based on if the president is from the gop or dems.
It depends whether you believe that justices should be constitutionalists or activists. The constitutionalist candidates at least seem to be well qualified. A lot of the Dem picks in recent times have had great activist qualifications and are pretty poor on constitutional law.
Personally I am a bit of a fence sitter, I believe the constitution is important but the function is to serve the needs of the people and country. Most of the cases you listed are legislative failures. Congress Dem and Republican seem too focused on stuffing bills with special interest amendments rather than getting the legislation right.
QUOTE(Striferuka @ Jul 10 2024, 21:18)

The president would prefer to point a judge that leans more to the right if its a republican. If the president comes from the democrats it would be more to the left. Has it always been this political?
The nominees under Trump were at least qualified, but were constitutionalists, which by their nature are more conservative. They have ruled against what Republicans want if it went against the constitution and they refused to hear any of Trump's 2020 cases.
The Dem recent nominees haven't been very qualified apart from working with activist and special interest groups that fund democrat causes. They would arguably make judgements in line with the establishment Democrats, eg not far left.
So in reality, Dems weakened the nomination process hoping to stack the deck with Hilary backing special interest activists (but establishment supporting not far left) and instead Republicans with Trump nominated multiple staunch constittuionalists, who whilst being more conservative, have not always ruled in favor of what Republicans want.
Appointing justices has become so controversial in the US that conventions of retiring due to age and health have been overturned. So it may need to have a fixed term limit like 10 years? The problem is Republicans and Democrats oppose that as the timing might go against them.
The US really just needs to restore the process to the pre-2013 process. Dems changed the rules so that federal judicial nominees and executive appointments only required a simply majority rather than a supermajority.
A super majority usually meant you needed some cross party support, which pushed most candidates to being more moderate / qualified.
[
www.washingtonpost.com]
https://www.washingtonpost.com/politics/sen...e67c_story.htmlThe only basis for assuming the current supreme court is right wing is that Democrats explicitly wanted to stack the deck in 2016 so they assume that Republicans did as they intended.
Its kind of projection I guess.
Meanwhile the Supreme court in my country is stacked pretty radically left wing, they wanted to destroy the government and overturn the whole system recently. Unfortunately for them, the people voted against what they wanted. They are still going ahead with most of the plans but a lot slower.