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Again, every bad statutory interpretation decision by SCOTUS could, theoretically, be fixed by Congress promptly amending the poorly interpreted statutes and thus superseding SCOTUS. Or by impeaching the Justices in the majority. Or by stripping the Court of jurisdiction. Or by packing it.
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Not saying any of these options are good or right, just that Congress has incredible power that they mostly don’t use.
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Although, the courts could keep playing Calvinball on what is "ambiguous" unless Congress is willing to go full Civil Law.
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I’ve said for years that US courts are basically trying to turn the common law into the civil law. The statute has to directly address the issue. No reasoning by analogy. The only thing I can add to this, being actually a civil law lawyer myself, is that those caricatures are in fact exactly that.
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I mean yes. Congress sucks and fully abdicates its duty to *be a good legislature and/or check on the other branches* all the time. We can and should say this and it doesn't mean we're excusing the court
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Yes I know, quote skeets, that’s why I said “theoretically” in the initial post.
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yupyupyup. Congress was supposed to be the most powerful part of the federal government, but it's become the weakest.
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All those tips-not-bribes paying great dividends.
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The house is held by a small majority of the same radical ideologues that hold the supreme court.
When we Vote Democratic, and control the majority in both the House and Senate, we can have nice things.
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IF we don’t get garbage like in the senate with Manchin and Sinema, that is…
I'm not a fan of either, but if we have enough of a majority in the Senate, then 2 holdouts for a fillibuster become less significant. However, the voters are who voted them in. To very a candidate takes effort. Come November, this ballot choice is on all of us.
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We should nuke it from orbit. Just to be sure.
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But they know that they can’t in divided and gerrymandered country so more power to them…oh geez see how that worked out in their favor.
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Court packing would just invite the Republicans to retaliate.
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How would they retaliate if they never win a majority of Congress ever again? It’s a multi-faceted approach.
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Or we can play dirty. Pack, cap, make sure justices retire only during periods of Dem control in other branches.
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"fixed by congress" rip america
Vote Biden and he will put justices in when alito and Thomas retire, it’s critical and one of the most important decisions you will ever make
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Won’t stripping it of authority just make even worse courts (like CA5) the final word in their circuits?
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And they will attempt to do exactly 0 of those things.