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Will the Supreme Court Decide That Democrats Have Too Much Power?
The Atlantic ^ | October 1, 2015 | Garrett Epps

Posted on 10/01/2015 11:04:06 PM PDT by 2ndDivisionVet

This term, the justices will hear at least three cases that could upend the partisan balance of power.

Most appellate lawyers would advise against filing a Supreme Court brief beginning, “QUESTION PRESENTED: Does a key constituency of the Democratic Party have too much power?” That, however, is a key unstated question in at least three cases on the docket for the term that opens Monday.

I doubt that, in 1787, anyone expected the Supreme Court to become central to the political process. Under the text, that was mostly left to the states, with a supervisory role for Congress. Nonetheless, 150 years and a few key amendments later, the Court in the 1940s began to carve out a role as arbiter of the political game—who votes, who can serve in office, how political parties can manage their own affairs, how Congress and state legislatures draw districts, and how campaigns are carried on. The trend began with a series of cases invalidating “white primaries” in Southern states, then gathered force under Chief Justice Earl Warren with cases on districting, voting, and even who can serve in a state legislature. It shows no sign of abating nearly half a century after Warren vacated the center chair.

Of the three cases coming before the Court, two are actually there because of the Court’s appellate jurisdiction—meaning they are among the relatively small number of cases, mostly about election districts, that the Court is required by law to consider....

(Excerpt) Read more at theatlantic.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: 2016election; democrats; election2016; scotus; supremecourt

1 posted on 10/01/2015 11:04:07 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

The Headline must be a riddle or a left over April Fool joke. The Supreme Court is infested with democrats and /or progressives. Just ask their Cowardly Leader, The Honorable(?) Judge John Roberts, known to fold up like a cheap suit whenever the president tweets a new Marching Order.


2 posted on 10/01/2015 11:17:16 PM PDT by lee martell
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To: 2ndDivisionVet

Interesting read. Thanks for posting.


3 posted on 10/01/2015 11:28:23 PM PDT by pluvmantelo (My hope for America died 11-06-12.)
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To: lee martell
The Headline must be a riddle or a left over April Fool joke.

I thought it was a satire article at first. After what those POSs did with Obama care and same sex marriage, someone actually asks a question like that. Are they on drugs?

4 posted on 10/02/2015 12:11:12 AM PDT by Mark17 (Heaven, where the only thing there that's been made by man are the scars in the hands of Jesus)
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To: 2ndDivisionVet

At one time I would have read the whole article. I read 3/4 and found I did not care. Why? I have lost any confidence in the Supreme Court. It is equal to my distrust of the legislature and the presidency.


5 posted on 10/02/2015 12:59:33 AM PDT by Calpublican (Boehner Down! Lots more to go....)
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To: 2ndDivisionVet; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

6 posted on 10/02/2015 1:29:41 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: 2ndDivisionVet

The Rats can never have too much power. The SCROTUMS will vote more power for the Rats, they always do.


7 posted on 11/02/2015 6:53:48 PM PST by GulliverSwift
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