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Thu Jun 6, 2019, 02:58 PM

Two cases show the astounding breadth of the Supreme Court's war on democracy

Why have a democracy when you can be ruled by five men in robes?
Ian Millhiser
Jun 6, 2019, 12:34 pm

Itís June, which means the Supreme Court is in the final stretch of its first term since Justice Anthony Kennedy gave his seat up for President Trump to fill. We will soon know what America looks like under a judiciary thatís been remade by a president that is actively lobbying the Supreme Court to permit racist voter suppression.

Indeed, the story of this term is likely to be a story about democracy ó and the Supreme Courtís role in thwarting it. The court is likely to hold that federal judges are powerless to stop partisan gerrymandering (although, oddly enough, Trump judge Brett Kavanaugh appeared open to some of the arguments against gerrymandering during oral arguments). And it is even more likely to hold that the Trump administration may effectively rig the Census to discourage immigrants from participating and shift power to white communities.

Below the surface, however, are two far more subtle attacks on democracy. These two cases, Kisor v. Wilkie and Gundy v. United States, are early stages of a much broader effort to transfer power from the executive branch ó whose leader is elected, at least most of the time ó to a judiciary that is unaccountable to voters and that is now controlled by the Republican Party. It is unclear whether the Supreme Courtís right flank has the votes it needs to prevail in both cases, but both are bellwethers for an agenda that could leave the next Democratic president powerless to govern.



The future, in other words, is likely to be one where the judiciary owes little or no deference to agencies, and where every regulation must win the approval of Republicans in black robes. In that world, Republican administrations are likely to be able to regulate (or deregulate) freely, while Democratic administrations will have to seek a Republican Supreme Courtís permission every time it wants to make meaningful policy changes.

The future of democracy in the United States is grim. And we will soon have a good sign of just how grim that future will be when the Supreme Court finishes up its current term this month.

In the nest to the last paragraph, and what Millhizer wrote about, to be able to "regulate and deregulate freely", my first thought , when I read those two words were about Social Security and Medicare........................the train is coming down the tracks and this is what happens when you let Federalist Society libertarians on the bench, that lied to get the Job during a confirmation hearing...................

We really need to take back the courts and the complete Congress

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Reply Two cases show the astounding breadth of the Supreme Court's war on democracy (Original post)
turbinetree Jun 6 OP
underpants Jun 6 #1

Response to turbinetree (Original post)

Thu Jun 6, 2019, 02:59 PM

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Marking to read later

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