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View Full Version : Senate Dems deliver stunning warning to Supreme Court: 'Heal' or face restructuring



Gman
08-13-2019, 15:32
Senate Dems deliver stunning warning to Supreme Court: 'Heal' or face restructuring (https://www.msn.com/en-us/news/politics/senate-dems-deliver-stunning-warning-to-supreme-court-heal-or-face-restructuring/ar-AAFKHRU)


Several high-profile Senate Democrats warned the Supreme Court in pointed terms this week that it could face a fundamental restructuring if justices do not take steps to "heal" the court in the near future.

The ominous and unusual warning was delivered as part of a brief filed Monday in a case related to a New York City gun law. Sens. Sheldon Whitehouse, D-R.I., Richard Blumenthal, D-Conn., Mazie Hirono, D-Hawaii, Richard Durbin, D-Ill., and Kirsten Gillibrand, D-N.Y., referenced rulings by the court's conservative majority in claiming it is suffering from some sort of affliction that must be remedied.

"The Supreme Court is not well. And the people know it," the brief said. "Perhaps the Court can heal itself before the public demands it be 'restructured in order to reduce the influence of politics.'"

The last part was quoting language from a Quinnipiac University poll, in which 51 percent favored such restructuring. In the same poll, 55 percent believed the Supreme Court was "motivated by politics" more than by the law.

Dramatic changes to the Supreme Court have been proposed by several Democrats vying for their party's 2020 presidential nomination, with "court-packing" being a common ? though highly controversial ? suggestion. Increasing the number of justices on the court would allow the president to shift the balance on the bench by loading up justices of his or her preference.

Democratic candidates including former Rep. Beto O?Rourke of Texas, and Sens. Cory Booker of New Jersey, Elizabeth Warren of Massachusetts, Kamala Harris of California, and Gillibrand, all have signaled an openness to expanding the number of judges on the court should they reach the White House.

South Bend, Ind., Mayor Pete Buttigieg has also supported expanding the court, proposing a plan to have some justices appointed by the president and others selected by the other justices in order to "depoliticize" the court. He's admitted that the only way he can think of to make this work would be to increase the size of the court from nine justices to 15, while stressing that simply "adding more justices onto the court who agree with you" would be a bad idea.

Yet other candidates such as former Vice President Joe Biden has come out against court-packing, as has Bernie Sanders, though the Vermont senator has suggested rotating judges to other courts.

Liberal Justice Ruth Bader Ginsburg has also spoken out against court-packing, telling NPR in July, "Nine seems to be a good number."

The Democratic senators' brief was filed in the case of New York State Rifle & Pistol Association, Inc. v. City of New York, which dealt with legal limitations on where gun owners could transport their licensed, locked, and unloaded firearms. They are urging the court to stay out of the case brought by the NRA-backed group, claiming that because the city recently changed the law to ease restrictions, the push to the Supreme Court is part of an "industrial-strength influence campaign" to get the conservative majority to rule in favor of gun owners.

If the court still decides to hear the case, a ruling against New York City could prevent other cities and states from passing similar gun control laws.

Conservatives currently outnumber liberals on the Supreme Court 5-4, but the past year featured a multitude of cases where conservatives ? including President Trump's picks Neil Gorsuch and Brett Kavanaugh ? sided with the liberal bloc.

Irving
08-13-2019, 17:18
Seems like both sides feel that the supreme Court is influenced by politics, so maybe that's a good thing.

Skip
08-13-2019, 19:03
Seems like both sides feel that the supreme Court is influenced by politics, so maybe that's a good thing.

A group of far-Left nutters that somehow got elected to the Senate just threatened the Court. This is the very problem, not a solution. When they "restructuring" they are talking about using the only legal* tool they have; Court packing.

FDR planned to "pack" the Court too. People correctly viewed it as a power grab...

https://www.history.com/news/franklin-roosevelt-tried-packing-supreme-court


He's why we got 22A (and the New Deal).

---

This touches on a conversation we have here frequently.

If I read the brief in question correctly, this threat was leveled as USSC is considering cert for one of NYC's many 2A violations. The exact kind of stuff that Heller should have resolved.

It seems some people are very worried about the Court taking gun cases. NYC doesn't want the Court considering this case either.

Like I said before... Right now Libs can deny 2A rights with a patchwork of laws that would be declared unConstitutional. If the Court takes up these cases they can't ignore precedent. If they ignore the cases, the status quo is preserved and the blue shitties/states can maintain an imbalance of force against their citizens.



* I would recommend not-Liberal Justices stop sleeping with pillows

Ramsker
08-13-2019, 19:58
It's amazing that a court that might tend to read the Constitution in line with what the words actually say . . . would be seen as needing to "heal."

Gman
08-13-2019, 21:59
The 2nd Amendment is a rule in favor of gun owners. The left simply doesn't like that and will do anything they can to shut down 2A.

Eric P
08-14-2019, 05:56
The Democrats better heal themselves, or they may see the intended meaning of the 2nd.

Great-Kazoo
08-14-2019, 06:51
Well with their overt attempts to overthrow the current administration keeps failing. They've decided to try Plan X, which will fail.
Especially if they actually do take the white house. If that happens there may be 1 R with a spine, who will call them on increasing the number of justices. After they say "we're looking in to it".

Bailey Guns
08-14-2019, 07:22
Democrats have a habit of using language to their advantage. They make this idea sound like it's a good thing...which it is. It's what they actually mean by the term "heal" that's a bad thing. What they want is a "healed" court that favors their side.

Just like the old Soviet government that used to constantly yammer on about wanting peace. Sure, they wanted peace. But they wanted it on their terms. Peace to them meant a world dominated by their system of government.

Skip
08-14-2019, 10:47
Democrats have a habit of using language to their advantage. They make this idea sound like it's a good thing...which it is. It's what they actually mean by the term "heal" that's a bad thing. What they want is a "healed" court that favors their side.

Just like the old Soviet government that used to constantly yammer on about wanting peace. Sure, they wanted peace. But they wanted it on their terms. Peace to them meant a world dominated by their system of government.

Yup. After Obama fired a shot at the Court (also said to be "unusual") over the ACA, Roberts found his third way to support the individual mandate/penalty. One has to wonder how much of a part that played. Roberts opinion was strange and contrived IMHO.

Demanding the Court move from Orginalism to activism isn't going to heal anything. It will just make the Court a more political body reflecting personal ideologies. Ideally the Legislative changes laws they don't like and the Court sticks to the law but the conflict here is obvious; Libs can't repeal or change 2A so they want it ignored.

Rucker61
08-14-2019, 11:25
A group of far-Left nutters that somehow got elected to the Senate just threatened the Court. This is the very problem, not a solution. When they "restructuring" they are talking about using the only legal* tool they have; Court packing.

FDR planned to "pack" the Court too. People correctly viewed it as a power grab...

https://www.history.com/news/franklin-roosevelt-tried-packing-supreme-court


He's why we got 22A (and the New Deal).



and Korematsu v. United States, Hirabayashi v. United States, Yasui v. United States, and Wickard v. Filburn.