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Fri Nov 30, 2018, 12:51 PM

Great article about the politicization of the judicial branch.

"But that’s not the world we live in. Led by the Supreme Court, the judiciary has allowed constitutional law to diverge evermore from the Constitution, in a process that began decades before the Robert Bork or Clarence Thomas confirmation hearings, or Harry Reid’s use and elimination of the filibuster. So we’re stuck with an overly large and overly centralized (and overly executive) government, with every social and political clash becoming a federal case, literally, instead of being resolved by the local, state, or even national legislature."

"President Trump goes too far in deriding all judges opposed to him as partisan hacks. His use of the bully pulpit to casually sow distrust in our legal and political institutions also isn’t healthy for the body politic. But he’s not the first president to criticize court rulings—at the 2010 State of the Union, former law professor Obama made several basic errors just in describing Citizens United (which Roberts didn’t like either)—or the first politician to malign judges."

http://thefederalist.com/2018/11/30/trump-john-roberts-wrong-politicized-judges/

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Reply Great article about the politicization of the judicial branch. (Original post)
Independent.mind Nov 2018 OP
imwithfred Nov 2018 #1
Muddling Through Nov 2018 #2
GoldwatersSoul Nov 2018 #3
Carl Nov 2018 #4
def_con5 Nov 2018 #5
Independent.mind Nov 2018 #6
rahtruelies Nov 2018 #7
Independent.mind Nov 2018 #8

Response to Independent.mind (Original post)

Fri Nov 30, 2018, 12:57 PM

1. The politicization of the judicial branch goes back a long way

In my own memory--although it goes back further than this--it began during Nixon's first term 1969-1973, when he nominated the distinguished Clement Haynsworth and then Harold Carswell for the Supreme Court, and both nominations were scuttled by the politics of Teddy Kennedy and Birch Bayh.

It no longer made any difference if a nominee was qualified; all that mattered was his ideology.

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Response to Independent.mind (Original post)

Fri Nov 30, 2018, 01:01 PM

2. IMHO

the "politicization" of the judiciary started when the Federal Courts decided to start applying the 14th Amendment to the individual states. That raised the stakes for judicial appointments and it has only gotten more extreme over time.

Mapp, Gideon, Miranda and TN V Garner were all good rulings; however once the courts crossed that particular Rubicon, there was no going back.

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Response to Independent.mind (Original post)

Fri Nov 30, 2018, 01:02 PM

3. Interesting but....

the Supreme Court can take up or reject any issue it chooses. The problem actually arose with the Burger Court.

After the court allowed various decisions against the Nixon white house. The liberal wing saw the court as a new weapon against the executive. This is why most presidents face a legal challenge sometime in their tenure since the fall of Nixon.

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Response to Independent.mind (Original post)

Fri Nov 30, 2018, 01:03 PM

4. The genie came out of the bottle with the Warren/Burger courts.

The left tilt of the court was seized on to view SCOTUS as a super legislative branch.
Original text or intent was minimized or abandoned in search of advancing agendas.

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Response to Independent.mind (Original post)

Fri Nov 30, 2018, 01:07 PM

5. Can't win in the legislature

Win in the courts.

Both sides do it.

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Response to def_con5 (Reply #5)

Fri Nov 30, 2018, 01:22 PM

6. How very true

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Response to Independent.mind (Original post)

Fri Nov 30, 2018, 01:56 PM

7. more from faux news

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Response to rahtruelies (Reply #7)

Fri Nov 30, 2018, 02:00 PM

8. Another Junk Food Post

It isn't news, it is an opinion piece.

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