this post was submitted on 29 Jul 2023
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[–] Rusticus@lemmy.world 295 points 1 year ago (4 children)

Think about this for a second: a Supreme Court justice thinks NO ONE has the power to hold them to an ethical standard. I can think of no better reason to hold them to an ethical standard than that.

[–] candyman337@lemmy.world 9 points 1 year ago

Yeah really, if a justice literally says checks and balances don't exist, maybe we should listen and respond accordingly. Also maybe we should fire him, and most of the others.

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[–] Gray@lemmy.ca 208 points 1 year ago (5 children)

This is genuinely quite a scary belief coming from a SCOTUS justice. In effect he is saying that the SCOTUS is the only institution in the US that is completely untouchable by legislation. That elevates the SCOTUS to a level beyond any other government position. Effectively our benevolent overlords. Given how low of approval ratings that the SCOTUS has, their recent series of ideological activist decisions, and the fact that they aren't even elected positions, I find myself increasingly in support of a fundamental redefinition of the SCOTUS as we know it. I don't see why we shouldn't stack the SCOTUS when they've fundamentally abandoned their duty to any level of fairness or responsibility for the citizens of the US.

[–] baldingpudenda@lemmy.world 125 points 1 year ago (4 children)

Unelected, serve for life, say they are untouchable and can do as they please. How is that not a king?

[–] Anticorp@lemmy.ml 23 points 1 year ago (3 children)

Any position that is for life is too long, especially an appointed one with almost zero mechanisms for removal.

[–] outrageousmatter@lemmy.world 15 points 1 year ago* (last edited 1 year ago)

Almost, impeachment is one big one allowed. I believe only one justice was impeached but I bet the issue is, you can't get republicans to agree as then democrats can put one in. Which is a terrible injustice so they'll make sure to vote down anything to make sure the supreme court stays right winged.

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[–] xuxebiko@kbin.social 17 points 1 year ago (4 children)

because they're not murdered by their successor?

[–] Zron@lemmy.world 14 points 1 year ago

Not murdered by their successor so far

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[–] Nepoleon@lemmy.world 7 points 1 year ago* (last edited 1 year ago) (4 children)

Because Supreme Court cant create their own laws directly, missing legislature power, having no direct power to control national finances/budgets, a main power of a country and they dont have control of the executives including army and police. All their power depends on laws made by legislature and constitution.

Thats how the three pillars of power works in all democracies. Just because your legislature or executives or even forefathers who made the constitution fucked up, doesnt mean the supreme court is an absolute monarchy. The biggest piece of shit mistake you made was having a two party system. In other countries, supreme courts arent as binary partisan. Coalitions of Partys vote way more reasonable judges to supreme courts

Considering the Supreme Court's entire schtick is the arbitrary definition of a word's meaning by the sitting justices... I'd disagree.

They can literally change the definition of a law at a whim. It doesn't really matter at that point what the law even says unless it's lawyered up specifically to remove their powers. Even then, don't expect the conservative justices to go down without a fight lol.

[–] Wrench@lemmy.world 14 points 1 year ago

The problem is that they blatantly collude with the other two pillars. They can't make their own laws, but they can collude with the others to bring a case to their doorstep to make a ruling not based on precedent or good faith interpretation of the law.

They effectively can create whatever laws they want, just with extra steps.

[–] Anticorp@lemmy.ml 9 points 1 year ago

George Washington warned against bicameralism, but they ignored him. Our Supreme Court positions have always been non-partisan until recent history.

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[–] FlyingSquid@lemmy.world 14 points 1 year ago (1 children)

They think they're the equivalent of the mullahs of Iran apparently.

[–] Gray@lemmy.ca 18 points 1 year ago

It's funny you say that because that's exactly where my mind went too. A system with elections, but a class of officials that exist outside of that system and that can overrule it and can't be touched by it.

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[–] reddig33@lemmy.world 94 points 1 year ago

Alito is wrong. Just like he’s wrong about a lot of other things.

[–] mindbleach@lemmy.world 74 points 1 year ago

State judiciary: powerless versus their congress.

Federal judiciary: unquestionable.

Get the fuck out of our government, you miserable bastard.

[–] heavyboots@lemmy.ml 56 points 1 year ago* (last edited 1 year ago)

Sure sure, and by that logic, I also submit that the Supreme Court lacks the power to impose their own ethics on an entire gender.

[–] mookulator@lemmy.world 53 points 1 year ago (3 children)

Expand and term-limit SCOTUS. This system is ridiculous

[–] Lem453@lemmy.ca 19 points 1 year ago

Instead of term limits, the rule should be to replace the longest serving justice every 4 years. On average, every president will therefore replace one justice each term barring any accidents.

[–] ThunderingJerboa@kbin.social 12 points 1 year ago (1 children)

I mean term limits aren't going to fix the problem. They arguably may make them far worse. It then just becomes a job of tactically making sure you secure the election of the executive branch and senate. With senate being the most important since if senate sits on their hands you sort of get a "Scalia situation". Where there will just be an empty seat until you get executive and senate to agree on a candidate.

[–] mookulator@lemmy.world 10 points 1 year ago (1 children)

Surely there is a way to effectively fill vacant government positions.

[–] ThunderingJerboa@kbin.social 7 points 1 year ago* (last edited 1 year ago)

Yes but no. I'll elaborate, there is a concept called a recess appointment where if senate is on recess (which they do twice a year) where the president can fill in a temp until the end of their next session however National Labor Relations Board v. Noel Canning (2014) basically has allowed the concept of pro forma session as a valid way to disrupt a recess. So what is a pro forma session it is basically a session of senate where the President Pro Tempore (Longest running senator who handles procedure) delegates their job to a singular senator who then calls the session to an end and repeat this every 3 days and bing bang boom. You have a senate who is not on recess but is taking a break

So in a 5-4 vote, they dictated

“for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business.”

So while there is technically a system to fill vacant government positions, it has been basically loopholed out of the equation since 2014.

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[–] TerryMathews@lemmy.world 50 points 1 year ago

If Congress lacks the authority to regulate the Supreme Court, then certainly they also lack the authority to fund the Supreme Court...

[–] MicroWave@lemmy.world 48 points 1 year ago

Justice Samuel Alito says Congress lacks the power to impose a code of ethics on the Supreme Court, making him the first member of the court to take a public stand against proposals in Congress to toughen ethics rules for justices in response to increased scrutiny of their activities beyond the bench.

[–] Plaid_Kaleidoscope@lemmy.world 46 points 1 year ago (1 children)

Then who exactly is supposed to be the check on the courts? Is that not precisely the domain of the legislative wing of govt? That's like some basic civics shit.

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[–] rifugee@lemmy.world 38 points 1 year ago (2 children)

Fortunately, congress does have the power to impeach and remove a supreme court judge.

[–] FlashMobOfOne@lemmy.world 7 points 1 year ago

It would be, if we elected people who cared more about doing good than they do about increasing their own fortunes.

[–] lolcatnip@reddthat.com 6 points 1 year ago (3 children)

In theory. In practice getting 2/3 of the Senate to agree on anything is pretty much impossible.

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[–] Thteven@lemmy.world 34 points 1 year ago (1 children)

Can we start a prayer drive for this guy to die in his sleep?

[–] BaroqueInMind@kbin.social 12 points 1 year ago* (last edited 1 year ago) (1 children)

Nah, that's too peaceful and hippie. Let's pray for Old Testament God and their unimaginable non-eucludean angels who have thousands of eyes and burning wheels and infinite wings with a baby fetus in the core with the absolute most fucked up horrific natural death possible.

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[–] Snapz@lemmy.world 33 points 1 year ago

There's a key trick to evaluating statements by the republican justices... re-read anything they say from the lens of they are completely full of shit and have zero integrity.

These are not serious people. Don't discuss them as if they are. Tell your own representatives that they need to act on this LOUDLY or they will lose your vote.

[–] JTode@lemmy.world 31 points 1 year ago

This is just... wow. The breathtaking arrogance of it.

It's not often these swine can actually get a visceral reaction from me anymore, but wow. Time to get back to work on that Novelty Giant Cigar Chopper I'm working on.

[–] HR_Pufnstuf@lemmy.world 30 points 1 year ago (1 children)

Well, as I see it, Mr. Alito... You can either have Congress do it, or you can have an angry mob do it. Which do you prefer?

[–] HawlSera@lemm.ee 22 points 1 year ago (3 children)

I'll believe it when I see it, Americans are quite pacified.

[–] Gradually_Adjusting@lemmy.world 9 points 1 year ago (1 children)

We're not as rowdy as we need to be, but you're not going to get the full picture from corporate media. They have a vested interest in downplaying or vilifying everything rad we do.

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[–] spider@lemmy.nz 24 points 1 year ago* (last edited 1 year ago)

And remember, Alito and Thomas were nominated by the so-called "moderate" Bush family.

[–] Shotgun_Alice@lemmy.world 23 points 1 year ago (8 children)

I feel the supreme court is playing a game of fuck around and find out here. Hate to say it but supreme court ethics has pretty bipartisan support. These people are entrusted to be above that kind of behavior, but it's already been shown that every member of the court has something to hide. If they're not willing to self police themselves we will police them ourselves.

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[–] IHeartBadCode@kbin.social 21 points 1 year ago (1 children)

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

— Article I Section 8 Clause 18 US Constitution

The Constitution indicates that Congress gets to set the laws that are necessary for proper execution of all the powers enumerated in the Constitution.

[–] kingthrillgore@kbin.social 6 points 1 year ago

IF THIS ISN'T GROUNDS FOR IMPEACHMENT I DON'T KNOW WHAT IS

Alito basically admitted to conspiracy against the government

[–] ShooBoo@lemmy.world 12 points 1 year ago (2 children)

The dude is out of control.

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[–] Guy_Fieris_Hair@lemmy.world 11 points 1 year ago

IF this was true, it is just proof that the system is broken. Who watches the watchmen?

[–] onionbaggage@lemmy.world 11 points 1 year ago

They have the power. They just don't have the will.

[–] massivegas76@lemmy.world 10 points 1 year ago

This guy is a used douche.

[–] ZooGuru@lemmy.world 10 points 1 year ago* (last edited 1 year ago)

Mighty fucking convenient. It’s this kind of stuff that tells me we are governed by children. “Nuh uh. Can’t do that. I’m on base. Na-na-na-boo-boo.”

Whom among you has the power to censor the censor!?

Edit: Also, where does this asshole get off? Congress doesn’t have the power? Let’s logic this out. Does congress have the power to pass laws? Do citizens have to obey laws? Are you a citizen? I can big brain this all day.

[–] TenderfootGungi@lemmy.world 10 points 1 year ago

They can certainly add and remove them.

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