Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

turbinetree

(24,701 posts)
Sat Dec 31, 2022, 10:47 AM Dec 2022

Neil Gorsuch knows 'three co-equal branches' is a myth

Long opinion worth the read......

By Thom Hartmann-Commentary
Published December 31, 2022

Apparently trying to prove the old cliché about broken clocks and twice a day, Supreme Court Associate Justice Neil Gorsuch defied his 5 Republican colleagues on the bench and authored an honest and factual dissent in this week’s Title 42 case.

He came right out and said the Supreme Court shouldn’t be making policy.

It all started when Section 71.40 of Title 42 of the Code of Federal Regulations was written into US policy by Trump’s HHS Secretary Alex Azar on September 4, 2020.

https://www.rawstory.com/neil-gorsuch-knows-three-co-equal-branches-is-a-myth/

in summation


-snip-

Search the Constitution, the Federalist Papers, Madison’s notes on the Constitutional Convention, and even the letters and published writings of this nation’s Founders and you will find no explicit reference to Roberts’ mythical “three co-equal branches.”

Just like you’ll not find a single word about the Supreme Court being able to strike down laws or create law or policy from thin air.

In recent years the Supreme Court has legalized bribery of politicians; refused to adopt even a rudimentary code of ethics for itself; and ignored openly seditious and unlawful behavior by its own members and their families. Not to mention exceeding its constitutional authority by inserting itself into political issues with startling regularity.

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Neil Gorsuch knows 'three co-equal branches' is a myth (Original Post) turbinetree Dec 2022 OP
Except for voting policy, reproductive policy, gun policy, campaign money policy, economic policy Comfortably_Numb Dec 2022 #1
We may have to tread that path and tear down Marbury v. Madison to repair SCOTUS bucolic_frolic Dec 2022 #2
Agreed ....................... turbinetree Dec 2022 #4
+1... myohmy2 Dec 2022 #5
Am glad Gorsuch has spoken out. secondwind Dec 2022 #3
but, but, but stopdiggin Dec 2022 #6
Paging David Souter . . . . is there a David Souter in the house? Stinky The Clown Dec 2022 #7

Comfortably_Numb

(3,809 posts)
1. Except for voting policy, reproductive policy, gun policy, campaign money policy, economic policy
Sat Dec 31, 2022, 10:52 AM
Dec 2022

ad nauseum, ad infinitum. Neil can STFU, and sit the fuck down.

bucolic_frolic

(43,166 posts)
2. We may have to tread that path and tear down Marbury v. Madison to repair SCOTUS
Sat Dec 31, 2022, 10:53 AM
Dec 2022

It strikes straight at enforcement power of the courts. The Executive and Legislative branches will increasingly ignore the rulings of the courts, in the same way the extended federal court system is divided by partisanship. Rulings flip sides on appeal all the way to SCOTUS. We are in liquid times. No idea where it ends. The State is made of Swiss cheese!

stopdiggin

(11,308 posts)
6. but, but, but
Sat Dec 31, 2022, 12:08 PM
Dec 2022

except that current legal theory is that the executive (and branches) does not have the authority to make policy and law either. only legislative may do so.

I think poor Neil is confused. I know I certainly am.

Latest Discussions»General Discussion»Neil Gorsuch knows 'three...