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PaperclipPerfector  18d ago (text post)   32281 thread views

Culture War Roundup for the week of April 7, 2025

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Judges should always be have the authority to override the government in favor of individual freedoms. A few gang members being on the loose is nothing compared to the threat of a tyrannical government. Far from a blackpill, rulings like this give me some hope that checks and balances will actually work in practice.

Far from a blackpill, rulings like this give me some hope that checks and balances will actually work in practice.

It depends on your definition of checks and balances. The question here is who is checking and balancing court decisions. Somebody can say that it can be executive by ignoring them. It is also not without a precedent such as when Andrew Jackson simply ignored court decision of Worcester v. Georgia (1832) stating that executive branch also has ability to interpret the constitution. Another example was Lincoln ignoring ruling regarding suspension of habeas corpus

So your only issue with what Trump did is that he didn't pack the court yet?

He didn’t have to, he was just so incredibly dumb that he hired three judges solely based on their views on abortion instead of any other conservative principle. By Trump’s standards, Pope Francis would be a conservative SCOTUS judge because he’s anti-abortion.

Gorsuch and to a lesser degree BK have both been generally strong against the admin state. Most conservatives, Bostock aside, have been pleased with both. ACB on the other hand…

You shouldn't even allow that this decision requires anyone to be "on the loose."

It doesn't.

If ICE detention facilities are full, then via the pigeonhole principle any foreigners being required to enter the country increases the number of people on the loose.

Only insofar as the anti-immigration party in power refuses to fund additional detention facilities.

There is quite a difference from refusing to admit an alien (which is solely the discretion of the executive, without any judicial review whatsoever -- see Knauff v. Shaughnessy) and deporting an individual already residing in the US to a place that same executive had determined he could not be deported to.

I'm not that optimistic. It reminds me of The Simpsons:

The judges are empowered to help criminals. You thought judges were empowered to help? Empowered to help criminals, not you.

It'll take a good action to move my opinion in a good direction. Not just "they can do something; good things are 'something', therefore they can do good things."

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