With 5-4 decisions, anything this conservative Supreme Court does, can be undone.

[The Backlash Cometh]

Let me tell you something. I attended quite a few legal studies courses taught by lawyers who had very strong Republican leanings, judging by the way they slanted their discussions. One of them pointed out that any ruling that had less than a large majority of votes, can be undone. She was referring to the cases set on precedent from the Supreme Court in the 60s, when the judges were more liberal. When she disagreed with the decision in a case, she often pointed to the conservative dicta in the brief, and taught the class as if it was reasoning in the case. I had to point out that it was dicta, and not reason for the court decision. And a few students even had to ask what dicta was. It's an opinion, but without legal standing in the decision of the case. Scalia is infamous for it. He writes and writes and writes his dicta, so that if proportion carries weight in a legal brief, it would appear to the untrained eye that his opinion and his ideology was the correct one.

Now, let's look at what the Supreme Court has been doing lately. In one article I read that the conservative leaning justices are ignoring stare decisis and reaching whatever conclusion suits their ideology. How can they get away with it? I really don't know. How can the Supreme Court make a decision without taking stare decisis into account and still be considered the Supreme Court? It bogs the mind.

What I can say is this: If they're ignoring stare decisis, someone better be keeping track of those cases where the right-wing judges are ignoring precedent, because with 5-4 rulings, those decisions can be overturned just as easily. Not just because, in time, the judges will be replaced with left leaning judges, but because, by overriding stare decisis from previous court rulings the conservative leaning Supreme Court has now opened the door for future Supreme Courts to just as easily ignore their precedent.

[DemocratSinceBirth]

1. Yes

But in the meantime we have to live with the rulings which are antebellum if not antedeluvian...

[The Backlash Cometh]

4. You're right. But necessity is the mother of invention.

And what we need right now, what we've needed since the 80s when law firms started merging together and erasing the line between public and private specialties, is a legal organization that specializes in protecting public interest. Government use to be the exclusive protector of public interest, but now they seem to be having trouble with the scales of justice. They need a little help.

[DemocratSinceBirth]

7. This Supreme Court Is Hopeless

It is truly messed up... It is as bad as the Court that tried to overrule much of FDR's New Deal legislation...

Unfortunately, that's what happens when you lose presidential elections... What a mess...

[The Backlash Cometh]

8. What happens when we prove beyond a shadow of a doubt that those

elections were stolen? I think at that point, people would be willing to get this country back on a corrected course.

[juajen]

2. Nothing can be undone?

N/T

[DemocratSinceBirth]

3. It Can Be Undone If A Future Supreme Court Revisits It

It can be undone if a future Supreme Court revisits it or the Congress writes new legislation...But then the Supreme Court can overrule the legislation... That sets up a battle between the branches...

[The Backlash Cometh]

5. Keep in mind that the right-wingers always intended to overturn

liberal rulings. And they knew that having a friendly legislative branch would help them hold the line, even if they did something so unethical, as to ignore stare decisis.

[DemocratSinceBirth]

11. As You Know

As you know, stare decisis usually but not always renders good results...


The Court was right to ignore Plessy v Ferguson and Hardwick v Georgia but I wouldn't be surprised if this Court revisits it...

[The Backlash Cometh]

13. I think the court is what makes our laws "living documents."

Adjustments are always going to take place, but not that much as you may think has changed in forty years. Circumstances may change, but not the opinions and biases that created them.

[never cry wolf]

9. I think juajen is referring to the OP's subject line

It should read "nothing.... can not be undone," or anything can be undone.

[The Backlash Cometh]

12. Corrected. Thanks for the catch!

[juajen]

15. Thanks for the correction.

N/T

[juajen]

16. Thanks ncw. I should have put the phrase in quotes.

It's way too early for me. Thanks for your help.

[spanone]

6. The bu$h* legacy begins....the fucking of American Democracy.

[The Backlash Cometh]

10. Tighten your seatbelts, boys. It's going to be a bumpy ride.

As the Chinese proverb says, may you live through interesting times.

[mmonk]

14. The rightwing goal all along has been to capture the court

to counteract congressional legislation in the future that might be deemed as too "liberal". You're going to see many gains in social justice and legal protections of citizen rights that big business wants to remove fall. This is what all democrats should have fought tooth and nail with their rights under the constitution. But alas, these justices were allowed to take our courts to avoid confrontation with republicans. This was a grave error and capitulation on part of those that participated.

[The Backlash Cometh]

17. Remember something: Republicans only believe in results.

They don't care how they get them. They will be pro-State's rights when it benefits them, they will be pro federal rights when they can get the upperhand using federal laws.

So, knowing that, the corpa will be in favor of individual rights when they can use it to advance their cause, and then the next day they'll be in favor of eminent domain because they want to demolish a shanty town to build a casino.

Maybe it's time that the courts begin to take into consideration the greed and true purpose factor. Because it's obvious that the courts are being manipulated, and not in the best interest of America.

[mmonk]

22. You are so right.

[Nite Owl]

18. With 5-4 decisions

things can certainly be undone. It all depends on the next Presidential election. If we were to lose that one we could lose the courts for a generation or more. If we win and if some of the cons on the bench retire we can turn things around rather quickly. Lots of ifs. So much depends on '08 and the repukes know this too so we need to expect anything. Of all the things that the dems have done or not done letting Alito and Roberts get on the court without a fight are my worst grievance with them.

[NewJeffCT]

19. The problem with the Supreme Court is

That the judges that are most likely to retire over the next decade are the liberal-leaning ones - Stevens is almost a certainty and Ginsberg.

Unless Scalia, Thomas, Roberts or Alito die unexpectedly, I don't see any of them leaving the bench before 2017.

[The Backlash Cometh]

20. What would happen if Anita Hill was right?

What happens if the Democrats regain power, and someone knew something about Clarence Thomas that shows he perjured himself?

[NewJeffCT]

21. I wish, but

I think something like that would have come out already - it's been what, 15-20 years now?

I think with those big four that are extremely far right, they only need one of the other five to vote their way to get a majority.

[The Backlash Cometh]

24. I don't know. I think a lot of good people are silent because the

right-wingers were too powerful. But once their house of cards fall, who knows?

[dysfunctional press]

23. Almost ANYTHING the supreme court decides can be overturned legislatively...

simply by passing new, or changing existing laws.