Republicans no longer understand what courts do

[Yo_Mama_Been_Loggin]

Opinion by Jennifer Rubin

The Republican Party used to be the party that championed judicial restraint and the idea that courts were wrong to impose policy preferences on society. Now it has no legitimate, consistent jurisprudential philosophy. For Republicans, it is all about the results: killing the Affordable Care Act, granting President Trump kinglike power with “absolute immunity“ from subpoenas and, worst of all, overturning a presidential election based on no evidence at all.

My colleague Aaron Blake writes of Trump’s repetitive failure to get a court — any court — to upend an election: “All told, at least eight judges appointed by Trump have ruled against or declined to bolster the pro-Trump effort pushing baseless allegations of massive voter fraud and irregularities, as did another on his Supreme Court shortlist,” he writes. “And of the 46 people on those shortlists, more than 10 percent have failed to ‘come through’ for him.”

It is not surprising that real judges — however ideologically steeped in Federalist Society doctrine (e.g., according extreme deference to executive authority, eschewing stare decisis in the name of achieving its social agenda, treating “religious liberty” as a broad license for private actors to violate laws) — still behave like judges. They need evidence to decide claims. They need a case or controversy to rule. They must have a party before them with standing.

Alexander Hamilton thought (incorrectly) that courts’ inherent qualities would severely restrict their influence. As he wrote in Federalist No. 78:

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

https://www.washingtonpost.com/opinions/2020/12/15/republicans-no-longer-understand-what-courts-do/

[onecaliberal]

1. Republicans do not care about the law the courts or

Human life for that matter. They’re 3 year olds that don’t have the brains God gave a rock. They want what they want and they want to impose those disastrous desires on all of us.

[C_U_L8R]

3. They don't care

And they are stuffing the courts with unqualified lickspittles.
We got lucky this time. But all those bozos are gonna create a lot of destruction.

[Beartracks]

4. They complain about so-called "legislating from the bench." But a coup from the courts? That's A-OK!