I really, really, REALLY hope that there is a large group of Con Law scholars and lawyers working on what a coherent form of resistance to SCOTUS looks like.
Something like the Originalist project, which took years, but laid an intellectual groundwork that has worked.
Homeless people can be arrested for sleeping, Presidents cannot be arrested for rampant graft and corruption done while in office.
There is no clearer a summary of "conservative 'law and order'" than this.
The current liberal approach has been to pray Dems win every election, and then hold their breath hoping an inimical Court didn't do too much damage, or then-Justice Kennedy would miraculously swing left.
Those easier doctrinal days are dead.
The time of real resistance is here.
No more hand-wringing over what it means to treat the Court as political. No more running away from teaching Con Law after Bush v Gore bc it feels "uncomfortable."
What we need are strong, solid ideas about what principled resistance to a toxic but powerful institution looks like.
The attack needs to be on all fronts:
Doctrinal arguments to help lower courts tell SCOTUS to F off.
Political and historical evidence to support the executive when it wants to ignore SCOTUS lunacy.
Constant judicial and academic bashing of the Justices: make them professionally MIS.ER.A.BLE.
Attorneys in privileged legal positions, i.e Biglaw, also need to stop normalizing authoritarianism in the name of “collegiality.”
Name your Federalist Society colleagues. Detail any work they performed to undermine democratic norms and institutions.
Normalize the defense of democracy instead.
They should be badgered any time they appear in public. They can eat every meal behind their walls and guards. They should not enjoy the company of the people they have sold out.
No. We need to stop Trump in November. Period. End of sentence. We don't need to concern ourselves with how any institution "looks." Save that shit for November 6. What are you going to do between now and November 5 to stop Trump? That's the only thing that matters.
If you don't stop Trump in November it won't matter a damn what you want to do with the court. I am thoroughly fed up with people who will expend energy on things while the only chance to achieve them slips away. www.youtube.com/watch?v=V4Lo...
I see that you're angry.
I wasn't saying we shouldn't stop that orange guy.
I said we should *also* work on dealing with the court. They're both dangerous, and it can't hurt to get things started that will need to be done no matter who wins.
John, you have nothing I can do other than just your talk. I don’t even get why you say this stuff when voting in democrats would be the best resistance.
