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F4lconF16

(3,747 posts)
Fri Jun 26, 2015, 04:27 PM Jun 2015

The Supreme Court doesn't matter--now, or after the election (edited, yikes).

Last edited Fri Jun 26, 2015, 05:09 PM - Edit history (1)

How have people not figured this out by now?

The Supreme Court is a powerfully undemocratic arm of our rather undemocratic government. It makes decisions based on a framework principally guided by an undemocratic legal document with little to no bearing on modern reality. Its decisions are almost always in the interests of the establishment, the elite, and corporations of the time. It is nakedly partisan, and even the liberals are barely liberal (let alone leftist). It is, at its core, one of the major institutions insulating our society from advancements in civil rights.

Yet we still pretend it matters. We still pretend its decisions have any merit or consequence. America had accepted gay marriage long before this. The decision today was a single part (albeit a major one) of the struggle for equality that has been going on since the beginnings of modern gender. It is a huge victory for the people in that struggle, and today I'm celebrating. But it wasn't a victory in the Supreme Court. It was a societal one--we forced this. We, the people.

This is why the "what about the Supreme Court?" argument is a bunch of crap. Nothing good happens in the Supreme Court that will not be driven by the people.

And if the people want it? It will happen.

edit: clearly this came off entirely not as intended. I've posted similar things in the past and had general agreement, so I'm gonna go ahead and apologize to those I've offended and go record this to maybe be posted again, rewritten. For the record, I am a bisexual man who is hugely excited by today's decision, especially knowing I have a friend who can now marry in their state.

40 replies = new reply since forum marked as read
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The Supreme Court doesn't matter--now, or after the election (edited, yikes). (Original Post) F4lconF16 Jun 2015 OP
"We the people" didn't seem to have any effect on the court The Velveteen Ocelot Jun 2015 #1
"Corporations are people my friend". n/t PoliticAverse Jun 2015 #29
Umm... drm604 Jun 2015 #2
Move over on the couch. hifiguy Jun 2015 #9
And what would you have said if it went the other way? upaloopa Jun 2015 #3
Really, so if Ted Cruz or Scott Walker appoint our next 2 SC justices, they will decide randys1 Jun 2015 #4
Baloney struggle4progress Jun 2015 #5
Um, no... HassleCat Jun 2015 #6
As long as the Supreme Court continues to exist... Spazito Jun 2015 #7
True. We still need to replace 2 of them with ones who will pull back some of this police search craigmatic Jun 2015 #8
Gun control is going to require considerably more police power to be effective Fumesucker Jun 2015 #21
Maybe but there has got to be a way to reduce the incarceration rates in poor and minority craigmatic Jun 2015 #22
Umm, Thomas, Alito and Scalia boston bean Jun 2015 #10
And this SC gave us the anti-Constitutional Citizens United and the abolition of Voting Rights Act Dont call me Shirley Jun 2015 #11
It sure as hell matters to me and my family. n/t BeeBee Jun 2015 #12
Justices are the guardians of the rule of law Agnosticsherbet Jun 2015 #13
What the hell. /nt yardwork Jun 2015 #14
Wow, you must be white Dream Girl Jun 2015 #15
The SCOTUS has done many great and wonderful things Goblinmonger Jun 2015 #16
You picked the worst possible day to say the Supreme Court doesn't matter. Skinner Jun 2015 #17
You can't be serious? BainsBane Jun 2015 #18
I think...I will send you a link when I've rewritten this. F4lconF16 Jun 2015 #34
Sorry, that's just ignorant. Cha Jun 2015 #19
I strongly disagree with your analysis Gothmog Jun 2015 #20
OMFG... what utter bullshit. PeaceNikki Jun 2015 #23
Um, what? NuclearDem Jun 2015 #24
Well, geez. Texasgal Jun 2015 #25
Now, that's some bullshit for sure. MineralMan Jun 2015 #26
That's about as naive as it gets. Renew Deal Jun 2015 #27
do you know there are states which still make it ok to fire someone if they are LGBT ? JI7 Jun 2015 #28
What utter tosh! longship Jun 2015 #30
... SidDithers Jun 2015 #31
Worst OP I have ever seen. leftofcool Jun 2015 #32
It is undemocratic in a good way because the treestar Jun 2015 #33
People praise the court when it goes their way former9thward Jun 2015 #35
I think you understood the point I was clumsily attempting to make. F4lconF16 Jun 2015 #39
Malarkey. greatauntoftriplets Jun 2015 #36
LOLOLOLOLOLOLOL Thank you for that laugh Hekate Jun 2015 #37
complete bunk taught_me_patience Jun 2015 #38
This makes no sense. johnp3907 Jun 2015 #40

The Velveteen Ocelot

(115,757 posts)
1. "We the people" didn't seem to have any effect on the court
Fri Jun 26, 2015, 04:30 PM
Jun 2015

when they decided the Citizens United case. Or Bush v. Gore. Or Dred Scott, for that matter.

upaloopa

(11,417 posts)
3. And what would you have said if it went the other way?
Fri Jun 26, 2015, 04:32 PM
Jun 2015

The people didn't want it? Which is the constant the people or the court?

randys1

(16,286 posts)
4. Really, so if Ted Cruz or Scott Walker appoint our next 2 SC justices, they will decide
Fri Jun 26, 2015, 04:32 PM
Jun 2015

on the side of equality when a case comes down the line about whether or not it is legal to discriminate employment because someone is Gay?

Or to serve them services?

Really?

 

HassleCat

(6,409 posts)
6. Um, no...
Fri Jun 26, 2015, 04:32 PM
Jun 2015

Did we, the people, force them to decide Citizens United? Did it matter or not when they Decided Brown v. Board of Education? I see your point, but our history offers only weak support for your argument, and plenty of evidence against it. I realize we should not choose a presidential candidate based on fears about who will be appointed, but think of a court with five Scalias and four Thomases.

Spazito

(50,387 posts)
7. As long as the Supreme Court continues to exist...
Fri Jun 26, 2015, 04:34 PM
Jun 2015

and it will, it matters VERY much who gets to appoint those who sit on it.

 

craigmatic

(4,510 posts)
8. True. We still need to replace 2 of them with ones who will pull back some of this police search
Fri Jun 26, 2015, 04:34 PM
Jun 2015

power.

 

craigmatic

(4,510 posts)
22. Maybe but there has got to be a way to reduce the incarceration rates in poor and minority
Fri Jun 26, 2015, 04:50 PM
Jun 2015

communities.

boston bean

(36,222 posts)
10. Umm, Thomas, Alito and Scalia
Fri Jun 26, 2015, 04:36 PM
Jun 2015

Did you see their reasoning? We don't need anyone with that type of outlook on the court giving these bozo's a majority!

3 good reasons right there, as to why it actually REALLY does matter!

Dont call me Shirley

(10,998 posts)
11. And this SC gave us the anti-Constitutional Citizens United and the abolition of Voting Rights Act
Fri Jun 26, 2015, 04:38 PM
Jun 2015

Thom Hartmann's take on the USSC and the beginning of their legislating from the bench habit...

http://www.democraticunderground.com/101737747

Agnosticsherbet

(11,619 posts)
13. Justices are the guardians of the rule of law
Fri Jun 26, 2015, 04:40 PM
Jun 2015

A critical part of our our system that protects us against the tyranny of the majority or the tyranny of a king.

State laws prove that it had not been accepted.

Thanks to five justices, it is now protected.

 

Goblinmonger

(22,340 posts)
16. The SCOTUS has done many great and wonderful things
Fri Jun 26, 2015, 04:45 PM
Jun 2015

It's done some shitty things, too. But most importantly, it does the job it is set up to do. The House turns over every 2 years, the presidency every 4, the Senate (potentially) every 6 years. There is a reason that some things turn over faster than others and not at the same time. The 3rd branch, the SCOTUS, is there to provide an even more calming effect than the 6 year senate rollover. It's not supposed to fluctuate with the time as quickly as the House. If every part of government was as volatile as the House, this country would suck. The 3 branches are genius. You should include Madison in your prayers every night for coming up with this.

Skinner

(63,645 posts)
17. You picked the worst possible day to say the Supreme Court doesn't matter.
Fri Jun 26, 2015, 04:45 PM
Jun 2015

You should be embarrassed and ashamed.

BainsBane

(53,035 posts)
18. You can't be serious?
Fri Jun 26, 2015, 04:46 PM
Jun 2015

The court isn't elected. It doesn't respond to the will of the people. Justices interpret law based on their judicial philosophy. The only influence we as people have is through the President who appoints them and Senate that confirms.

Now, it is true that they do not bestow civil rights, as gifts from up on high. Their responses are shaped by what is happening in society. But justices can exercise their votes to put the breaks on or reverse social change. One more GOP justice and we would not having marriage equality or ACA. Abortion would be struck down. The balance is tenuous, at best.

It may not matter if one is a straight, white male, but it damn well matters to the rest of us. We don't have the luxury of not worrying about it because our basic rights are under attack each and every day. That some on the left are willing to either align themselves with the GOP to strip the majority of basic rights or turn their back on the rest of us is incredibly offensive.

It surprises me that you would make such a display of privilege.

F4lconF16

(3,747 posts)
34. I think...I will send you a link when I've rewritten this.
Fri Jun 26, 2015, 06:13 PM
Jun 2015

My language made sense to me, and it probably would have come off differently if I was in a one on one conversation, as it would be a lot easier to clarify what I meant. This needs more explanation, in a longer essay. I fully realize how much power the Supreme Court holds in our lives, and especially so for women and minorities, and I don't mean to to diminish the reality of their decisions on our society.

Instead, I was trying for something more along the lines of "The Supreme Court has power, but it doesn't matter any more so than the individual politicians in office matter (looking at the presidency here)--real power is the ability of the people to influence their decisions through their collective will." I have historical evidence, parallels, and explanations for that, as well as more things that go along with it.

Instead, it was poorly written, phrased, and timed on my part. But I intended something entirely different, believe me.

Gothmog

(145,353 posts)
20. I strongly disagree with your analysis
Fri Jun 26, 2015, 04:47 PM
Jun 2015

The SCOTUS is very relevant as shown by today and yesterday's decision. The SCOTUS composition will affect rulings on such areas as Citizens United, the Voting Rights Act, the right to privacy and the right to abortion (Roe v. Wade). These decisions have been close decisions and if the GOP won the White House in 2016, then the direction of the SCOTUS would change heavily. The next POTUS will get to pick three or four SCOTUS justices and these justices will control the direction of the court for a generation.

I live in Texas where I am dealing with the gutting of the Voting Rights Act by the SCOTUS two years ago. We have voter id law and voter suppression laws that would never have been permitted if the SCOTUS had not gutted the Voting Rights Act. It is critical that we control the direction of the SCOTUS

PeaceNikki

(27,985 posts)
23. OMFG... what utter bullshit.
Fri Jun 26, 2015, 04:53 PM
Jun 2015

This is
A) A slap in the face to LGBT
B) A deflection for those who keeps stressing the importance of not standing on your laurels and costing us the POTUS in 2016 because you don't like the nominee. I am so sick of this shit on a Democratic site. YOU may think SCOTUS is meaningless, but they aren't. They leave marks on this nation for generations whether YOU like it or not.

Suck it up, buttercup. Celebrate with us and RECOGNIZE how infuckingcredibly important it is that we NOT let a Republican nominate judges.

By the way - that is my comment on the vote to hide this BS OP.

Renew Deal

(81,866 posts)
27. That's about as naive as it gets.
Fri Jun 26, 2015, 05:14 PM
Jun 2015

Tell the people that today have a shred of equality for the first time that the supreme court doesn't matter.
Tell people that couldn't marry the person they loved because they were a different race that the court doesn't matter.
Tell people that were put away for life on a three strikes law that the Supreme Court doesn't matter.
Tell Al Gore the court doesn't matter.

Your post is ignorant.

treestar

(82,383 posts)
33. It is undemocratic in a good way because the
Fri Jun 26, 2015, 06:01 PM
Jun 2015

majority can want something that is unconstitutional and violates the rights of others. There might be a majority that thinks Christianity should be the state religion, but even if they are a majority they cannot have that, because the Constitution does not allow it.

America had not accepted gay marriage in all states. Who was fighting that case? Some red state that wanted to prohibit it, and never have it. Now they are forced to.

Its decisions are NOT always for the established elite. Good grief. How about the Miranda decision, just for starters?

former9thward

(32,029 posts)
35. People praise the court when it goes their way
Fri Jun 26, 2015, 06:41 PM
Jun 2015

and condemn it when it does not. This has been going on for over 200 years. People think liberals on the court always vote liberal. They don't. People think conservatives on the court always vote conservative. They don't. People think liberals always stay liberal and conservatives always stay conservative. They don't. People think if Clinton or Sanders wins and appoints a couple of Justices there will be Nirvana. It won't happen. They will still be mad at the court depending on the decision.

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