Post

ryan cooper
@ryanlcooper.com

worth remembering how short and simple the 15th Amendment is, as well as how sweeping its grant of congressional authority is. the idea that this doesn't cover a ban on racial gerrymanders is transparent horseshit

ryan cooper
@ryanlcooper.com

it's one of about 50 rulings that justifies changing the locks on the Supreme Court building in the middle of the night. you don't get to go "up is down, black is white, neener neener" and still get deferential respect as a judge. fuck you

Thoreau Away
@thoreauaway.bsky.social

Since the Congress that passed this would get to choose all the judges on the new circuits, this would effectively be court-packing through the back door, no? It’d be trivial for Republicans to retaliate by increasing the number of circuits to 39 or 50.

Max D. Stanton
@max-d-stanton.bsky.social

It's a lot harder for the Republicans to add whole new Circuits as opposed to adding a handful of SCOTUS justices. And even if they do counter-pack, they still wouldn't be guaranteed a specific panel for any case.

spooky bubba
@jortscity.bsky.social

heads up bsky.app/profile/sean...

Sean Casten@seancasten.bsky.social

It would also use Congress’ power under Article 3 to limit SCOTUS’ appellate jurisdiction and move much of that to a randomly selected panel of Senior Circuit court judges. In combination, that would effectively eliminate SCOTUS’ ability to act as a political, rather than judicial entity.

Peter
@thestonecoldnuts.bsky.social

My buddy had an incredible but impossible idea: hide the supreme court issues in the year's bar exams because law students are the only beings trying to apply law in an unbiased manner

ryan cooper
@ryanlcooper.com

obviously a proper proportional parliament would be better, but short of a full constitutional rewrite this is a lot better than court packing

Adrian
@adrianwashere.bsky.social

1/x Agree w you on a proportional parliamentarian government, & w Justin on doubling the entire judiciary, but I disagree w you both that sortition is better than (un)packing. (long thread)

Adrian
@adrianwashere.bsky.social

2/x I wrote & deleted a long thread on consistency, randomization, bribes after-the-fact, stochastic capture of the judicial pool via confirmation, etc, & while thinking through those other issues, I realized the main one: That which can be done legislatively can be undone legislatively as well.

Adrian
@adrianwashere.bsky.social

3/x What stops a 2033 Republican trifecta from simply repealing the sortition statute & reconstituting a permanent Supreme Court? What stops them from reconstituting it 9-0 w reactionaries? Or even, say, 21-0? 99-0? Norms? Restraint? A desire for small-d democratic fairness? Wanting a challenge?

Adrian
@adrianwashere.bsky.social

1/2 How liberals vote as the minority bloc is not necessarily indicative of how they'd vote as the majority, just as how conservatives/reactionaries voted/wrote in a 5-4 majority isn't the same as how they act in a 6-3 supermajority.

Adrian
@adrianwashere.bsky.social

2/2 Plus, if you can't trust a hypothetical liberal majority, what makes you expect to fare better w random panels that may only have a liberal minority, or even no liberals at all?

ryan cooper
@ryanlcooper.com

it is in this case. they voted like that because all the justices are personally collecting huge de facto bribes from vested interests. they wouldn't get such treatment if they weren't permanently on SCOTUS

Marty
@marty10.bsky.social

Disagree. Liberal judges have been reliable - not because they follow a Democratic script but because they follow our Constitution, Laws & consider the People’s interest - as they should! We’re no longer in the 1800s but seems Republicans are nominated to force us to relive that era. 😖

Marty
@marty10.bsky.social

Republicans packed the Court in 2016 & 2020 -violating norms. But it’s time to Pack the Court for the 2 Seats Republicans STOLE.

Felix O'Kelly
@callidusdominus.bsky.social

Yeh, the current system of the SCOTUS is really not working. You have the usual out-of-touch establishment saying how it's such a good system and just needs some tinkering, but the SCOTUS looks utterly unaccountable and blatantly partisan. This looks like a better system!