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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNeil 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 weeks Title 42 case.
He came right out and said the Supreme Court shouldnt 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 Trumps 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, Madisons notes on the Constitutional Convention, and even the letters and published writings of this nations Founders and you will find no explicit reference to Roberts mythical three co-equal branches.
Just like youll 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.
Comfortably_Numb
(3,809 posts)ad nauseum, ad infinitum. Neil can STFU, and sit the fuck down.
bucolic_frolic
(43,166 posts)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!
turbinetree
(24,701 posts)myohmy2
(3,163 posts)...
secondwind
(16,903 posts)stopdiggin
(11,308 posts)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.