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this post was submitted on 27 Jun 2024
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Someone pointed out to me that the majority of what we consider "good" SCOTUS decisions came from the Warren court. Nearly every other case you could name you only know because of its detrimental effect on American progress. In that light, Roberts is just course-correcting SCOTUS: a branch of the government that historically keeps citizens from being too free.
Yes, I agree with that reading of history, but just because things have been a certain way, doesn't mean they have to be that way. I concur that the historical precedent for the SCOTUS is to stand in the way of progress, or often to cause regression, but that doesn't mean we have to quietly accept it. Especially if and when there have been historical departures from that trend that demonstrate things can work differently, and work well.
(Not trying to be confrontational, just trying to prevent a nihilistic reading of your comment.)
You're arguing for things to be worse, tho.
Smh...
How so? I'm arguing for SCOTUS not to take a wrecking ball to our government by suddenly making unlawful procedures that have been relied on for so long they are assumed in laws passed by Congress decades ago. Should alleged violations of those laws be tried in front of a jury instead of this other mechanism? Maybe, but how about we make that change in a way that doesn't suddenly render those laws de facto unenforceable with no warning?