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naraburns  nihil supernum  2yr ago (text post)   Edited 2yr ago   34788 thread views

Culture War Roundup for the week of November 14, 2022

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We're evaluating Trump as a potential "leader of the populist right", and Supreme Court nominations are entirely unrelated to one's competency in that role, as Evinceo notes.

Except to the degree that you can get yourself elected as President, in which case just say that, instead of how he "appointed an unprecedented three SCOTUS judges in a single term and others".

We're evaluating Trump as a potential "leader of the populist right", and Supreme Court nominations are entirely unrelated to one's competency in that role,

I disagree.

The alternate explanation is that Trump (and more broadly the Tea Party) accurately identified one of the most significant in terms of attack surfaces in terms of actual damage dealt and flipped it, which is why so0 many blue/grey tribers are now desperate to paint it as a nothing-burger.

Because before Trump and the Tea Party came along, no one cared who was appointed to the Supreme Court, and no one realized that the Court plays an important role? Or, because any other Republican president would not have appointed three justices, but would have just left the seats vacant? You're giving Trump a lot of credit for just having a pulse.

And note that all of his appointees were recommended by the Federalist Society, which is about as mainstream as you can can get; they are certainly not representatives of the "populist right," even if they sometimes happen to issue opinions that members of the populist right agree with.

since no one cared before the Tea Party, how did Robert Bork get Borked?

no one cared about the Warren or Burger Courts?

this is nonsense

I was obviously being facetious, and was clearly making the exact point you are making.

I guess it wasn't obvious enough for me, but I should read better. Thanks!

SCOTUS has given life to non delegation via major questions doctrine. That is an existential threat to the admin state. Since the blue tribe is very much the admin state the court’s rulings are an existential threat to them.

Hit comment too soon.

I also think limiting Auer in Kisor and hopefully limiting or killing Chevron will further limit the reach of the admin state.

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