"Precedent" or stare decisis underpins a great deal of the legal system. But what if we were to argue that a change in the number of justices would nullify SCOTUS precedent?
Justice Rehnquist explained that stare decisis is not an “inexorable command.” On occasion, the Court will decide not to apply the doctrine if a prior decision is deemed unworkable. In addition, significant societal changes may also prompt the Court to overrule precedent; however, any decision to overrule precedent is exercised cautiously.
I think a few, well-placed law review articles and public comments on the airways that say, basically, if ANYONE packs the court it effectively changes the opinion building process such that prior opinions are nullified.
So sure, Bidet gets a few noobs, but the tide goes in and out...And since a great deal of stupidity in govt rests on dumb leftist legal opinions (Obamacare, Kelo), not to mention the expansion of Leviathan on the basis of the Commerce Clause, with the addition of one justice, it is ALL turned to dust.
Get Col Schlichter to float the idea...maybe a few folks from Legal Insurrection to post about it...watch it gather a head of steam...
Sure, liberal hawcks will say "no" but all you need is for the idea to germinate, and for conservatives to suddenly EMBRACE court-packing because it will allow them to dump liberal activist law when they get in charge ...
...and then they'll turn away from the idea.
Idiotic assumption. Once the left seizes all the levers of power, they will NEVER let them go!
You still think there’s a chance to change things through voting, the courts and any other way other than secession or violence.
These people F*CKING STOLE two elections. One of which was for President of the United States. They have the courts in their hip pocket. They have federal law enforcement in their hip pocket.
They knew what was being planned on 6Jan and let it happen anyway
https://freerepublic.com/focus/f-news/3950543/posts
They fear nothing and nothing will get in their way. Not “precedent”, not “stare decis”. Nothing.
The SC should rule the law unconstitutional. Why not, they don’t follow the constitution for other laws. Force them to impeach the Justices.