politics
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Undoing decades of settled law to strip rights from women, minorities, and everyone else. You're damn right we view you as political. You're a disgrace to the law and should be impeached yesterday.
"Settled law" is such a cop out. If there is any ambiguity, any question, the law should be rewritten. Anything "decided" can be "undecided", why take the chance?
Of course they're political, but the legislative should be drafting legislation at a quality that the SC only CAN touch it very lightly.
The whole process is broken, I guess is my point, and SC latitude is a symptom of shitty and lazy legislators.
That's bullshit, there's always room for interpretation of any law. Especially when laws start overlapping and someone has to decide which law takes precedence.
The real failure of the US political system is that voters that were stupid enough to believe that uncompromising is the same as strength. Once bipartisanship collapsed, the only way to get anything done was through the courts because as soon as any law passed someone somewhere sued to stop it. The courts became political because all laws passed through them.
This happened because Republicans realized their actual policies are unpopular and don't work, so they have specifically been stacking courts with conservative judges for decades so an unelected cabal of rich assholes get to decide all the laws in the country.
Excuse me, Republican policies are very effective… at funneling our wealth to the capitalists on top.
I hear you.
There is always leeway. Any language is imprecise, it's the nature of the human condition. We agree on that.
Where we disagree seems to be what to do about it.
I don't mean to strawman you here, so please correct me... but it seems like you're saying "since legislators certainly will produce inexact wording in thier legislation that is open to interpretation... we just need to live with that and throw ourselves at the mercy of an unelected body with lifetime appointments. The problem is the lifetime appointees aren't benevolent"
I'M saying "since legislators certainly will produce inexact wording in thier legislation that is open to interpretation... it is thier continually duty to explicitly update, amend, and otherwise refine the law so that it most explicitly describes the intention of the elected legislative branch. The problem is they have the power to ammend the legislation, and are the right people to do it because they are accountable to the electorate, but do not execute a core function of thier responsibility"
Like, make those fuckers work. Writing the law is thier job. If people can't agree on what it means, make them re-write it until they do. Your PhD supervisor will send back your paper before publication covered in red ink before it gets submitted to a journal. In what world should a legislator not be held to the same standard?