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twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

Yeah, any decision that rests on a hundred year old set of facts isn't going to be all that abusable.
It seems to me that deciding "we should ignore old things" is inherently abusable as it is directly privileging the beliefs that people held a hundred years ago. Like "Christian symbols that are 100 years old are totally fine. Whaa, you're telling me that there are no 100 year old religious symbols that aren't Christian on public lands, what a crazy coincidence!?"

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twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

It's just painfully obvious that we have a Court dominated by a majority of judges who are acting in bad faith. So the debate is over the appropriate response to that bad faith.
I feel like it's relatively clear that the correct response to a federal judge acting in bad faith escalates something like: 1) Their peers collude to make their opinions not matter 2) Congress passes new laws to make it extra-clear they are behaving badly 3) Congress impeaches the judge. I don't think "Judge issues a decision knowing it will immediately (after a year+ of nonsense) be smacked down by a higher court just to make a political point" is on the list.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Hieronymous Alloy posted:

Problem is #2 and #3 aren't options.
While I definitely acknowledge 2 and 3 aren't options currently, it's not at all clear to me that "Judge issues a decision knowing it will immediately (after a year+ of nonsense) be smacked down by a higher court just to make a political point" accomplishes more than literally impossible options.
edit:
Like if we're choosing between "Kick the ball so fast Lucy won't pull it" and "Convince Lucy to not pull the ball", but we both agree that neither will actually work, I don't know what you think the discussion is about.
edit2:
Also at least 1 and 2 have actually happened historically, are there any examples of a lower court saying "The sitting Supreme Court are a bunch of idiots who are dumb and wrong" and not getting smacked down?

twodot fucked around with this message at 03:39 on Sep 9, 2019

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Main Paineframe posted:

There's significant value in having it smacked down by the Supreme Court, rather than a lower court.
Please tell me the difference between "I wrote an opinion that the Supreme Court immediately said was dumb" and going out in public and advocating for actual political change. In my view the latter has some possibility of success, whereas "The sitting Supreme Court justices are assholes who are dumb and wrong" has never changed anything.
edit:

Thranguy posted:

There was a judge that basically did that with all death penalty cases, saying that they can't overrule them all. They did most. My Google-fu is failing me at identifying them.
Ok cool, I also have no clue what you are you talking about, but you think we should treat this more seriously than claims about Santa Claus?

twodot fucked around with this message at 05:18 on Sep 9, 2019

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Midgetskydiver posted:

Don't blame this on Hillary.
Definitely blame this on Clinton, she is a horrible politician and a horrible person. If she hadn't sucked up 99% of the oxygen out of the room by literally buying the election we might have had non-horrible politicians running.

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