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How Liberals Could Declare War on Brett Kavanaugh’s Supreme Court
Slate ^ | 10-4-18 | Mark Joseph Stern

Posted on 10/05/2018 12:49:08 PM PDT by DeweyCA

By all indications, Brett Kavanaugh is about to be confirmed to the Supreme Court.... His confirmation ... will plunge the Supreme Court into a legitimacy crisis that could weaken its power over the long term. This crisis will become particularly acute if Democrats retake Congress and the presidency but find their reforms stymied by a reactionary judiciary. The broad consensus over the court’s authority to interpret the Constitution will crumble. (...)

(...) But what happens when Democrats take back the legislative and executive branches? What if Democrats pass Medicare for All, and the Supreme Court strikes it down, with Kavanaugh casting the decisive fifth vote? It’s not hard to envision Democrats marching in the streets, demanding that the president and Congress ignore the ruling.

(...) Blue states may be pressured to disregard his decisions. And the president could decline to compel them to follow the high court’s rulings.

In 2003, Justice Stephen Breyer referred to the “miracle” of national compliance with the court’s edicts, even in the wake of “controversial decisions” like Bush v. Gore. There is nothing inevitable or self-sustaining about this “miracle.” (...) The truth is that we haven’t seen massive resistance to the Supreme Court since the segregation battles of the 1950s and ’60s. And despite two presidents’ celebrated efforts to integrate schools with the help of the National Guard, the South’s resistance succeeded in slowing the pace of desegregation.

This precedent is appalling. But it demonstrates that the playbook can work. Progressives should recognize the danger in adopting the tactics of segregationists. (...) But if he leads the court into a frenzy of reactionary jurisprudence, progressives may feel they have no other alternative.

No matter the end result of liberal defiance, it will likely transform the Supreme Court’s legitimacy crisis into a full-blown constitutional crisis. (...)

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: progressives; progressivism; resistance; ruleoflaw; scotus
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This author suggests that Progressives, if they take back the Presidency and the Congress, should disregard any adverse SCOTUS rulings. So while Republicans have had to live by fraudulent SCOTUS rulings while they had the Presidency and both houses of Congress, Progressives shouldn't. This shows not just the hypocrisy of the Left, but also their contempt for the Constitution and the Rule of Law. Leftist progressives really do think that they are above the Law. And they are willing to knowingly create a constitutional crisis in order to get their way. Today's Dems are willing to adopt the ways of past Dem segregationists to thwart SCOTUS rulings.

Today's Dems have already shown that they are willing to disregard federal law. Their "sanctuary" cities and states are expressions of their lawlessness.

1 posted on 10/05/2018 12:49:08 PM PDT by DeweyCA
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To: DeweyCA

COULD? They already have plans in the works.


2 posted on 10/05/2018 12:50:19 PM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: DeweyCA

I suggest such states/districts lose representation in Congress.


3 posted on 10/05/2018 12:52:05 PM PDT by madison10 (Pray for President Trump, Judge Kavanaugh, Jeff Flake and their families)
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To: DeweyCA

What if Democrats pass Medicare for All, and the Supreme Court strikes it down, with Kavanaugh casting the decisive fifth vote?

~~~~

AWWWWWWWWWWW!!! How does it feel to realize that law can be overturned from the bench???

These people have no right to write an article imploring the threats of judicial activism! This is what they are all about!!!
Writing an article like this is purely for effect.


4 posted on 10/05/2018 12:52:26 PM PDT by z3n
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To: DeweyCA

“This precedent is appalling.”

Maybe so, but that was the Democrats too.


5 posted on 10/05/2018 12:52:29 PM PDT by Hugh the Scot (Moron Lube)
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To: DeweyCA

I welcome resistance to Supreme Court’s decisions. They were never meant to become another legislative branch of Fed.gov

The Left’s power lies solely in government spending and coercion. They have zero power otherwise.

Want to limit the Left? Cut the source of their power - spending and massive debt, in our printed, fiat, manipulated currency


6 posted on 10/05/2018 12:52:32 PM PDT by PGR88
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To: DeweyCA
His confirmation ... will plunge the Supreme Court into a legitimacy crisis that could weaken its power over the long term.

Good.

7 posted on 10/05/2018 12:52:41 PM PDT by OddLane
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To: DeweyCA
but find their reforms stymied by a reactionary judiciary

You mean like things have been the last 20 years, but in the lib's favor, so that was ok?

8 posted on 10/05/2018 12:52:42 PM PDT by T. P. Pole
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To: DeweyCA

They’re already talking impeachment. But like their empty threats about Trump, you have to ask “for what”? You can’t impeach because of pure partisan politics.


9 posted on 10/05/2018 12:53:14 PM PDT by Telepathic Intruder
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To: DeweyCA

There is no “legitimacy crisis” for SCOTUS.
There wasn’t when Democrats seated several hard-left justices.
There isn’t when Republicans seat several hard-right justices.
Elections have consequences; accept the outcome of elections.

Demonstrate as you like. The only factor that matters is electing representatives, and petitioning them to represent your preferred views. That’s how this system works, and keeps the peace.

Don’t go to “mob rule”.
One mob largely demands, and submits to, arms prohibitions.
Other mob largely rejects, and often ignores, arms prohibitions.
Let’s not go there.


10 posted on 10/05/2018 12:54:16 PM PDT by ctdonath2 (The Red Queen wasn't kidding.)
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To: DeweyCA

Telling us their plans, knowing that we will forget. Dems won’t forget. They are not going to accept the defeat. They are going to riot in the streets and do everything they can to defy legitimate Republican government.


11 posted on 10/05/2018 12:55:19 PM PDT by I want the USA back (Cynicism is the only refuge in a world that is determined to eliminate itself.)
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To: DeweyCA

They think a judiciary that abides by the constitution is “reactionary.”

They be funny.


12 posted on 10/05/2018 12:55:40 PM PDT by cuban leaf
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To: DeweyCA

My concern is how much the left will riot when this thing is settled, and then how much they will riot in November.


13 posted on 10/05/2018 12:56:56 PM PDT by cuban leaf
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To: DeweyCA

Not really.


14 posted on 10/05/2018 12:57:21 PM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: DeweyCA
retake Congress and the presidency but find their reforms stymied by a reactionary judiciary.

Like Republicans have for 50 years?................

15 posted on 10/05/2018 12:58:02 PM PDT by Red Badger (Q............PREPARE FOR 'SKY IS FALLING' WEEK...........................)
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To: DeweyCA

Deluded fantasy world the Leftists live in

Sorry Jackasses, you don’t get to pick and choose which laws to obey because you lost an Election.

Rule of law matters and you all are about to get a very stern lesson from US Voters in Nov about how they feel about your infantile clown behavior the last 2 years.


16 posted on 10/05/2018 12:58:03 PM PDT by MNJohnnie (2016: For the first time since 1984, I voted for a Rep President all other votes were anti Dem)
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To: DeweyCA

Liberals hate elections.


17 posted on 10/05/2018 12:59:02 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: DeweyCA
a legitimacy crisis that could weaken its power

Best news I've heard in a long time. The SCOTUS power-trip needed to lose some steam.

18 posted on 10/05/2018 12:59:22 PM PDT by Migraine (<)
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To: DeweyCA

The bureaucracy will become the fourth branch of government, more powerful than the Congress, the non-civil service Executive, and the Judiciary combined.


19 posted on 10/05/2018 12:59:43 PM PDT by Behind the Blue Wall
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To: cuban leaf

Let them riot. The rule of law is the ONLY thing keeping these jackasses safe. That breaks down and it going to be very ugly for them quickly. They have NO idea of the danger they are in


20 posted on 10/05/2018 1:00:09 PM PDT by MNJohnnie (2016: For the first time since 1984, I voted for a Rep President all other votes were anti Dem)
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