12 Comments
Jul 8, 2022Liked by Matthew S. Schwartz

That's as concise and thoughtful an overview as I've read.

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Jun 28, 2022Liked by Matthew S. Schwartz

First, we amend, revise/adapt our constitution like so many other liberal democracies. Every 25 yrs., we take another look at this poignantly motivating document that embodies so much. Second, nobody gets appointed for life in a liberal democracy!

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Jun 28, 2022Liked by Matthew S. Schwartz

No. They have eroded all trust in one fell swoop. And are promising to remove even more rights. What next?

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Enlarge the court and end the filibuster.

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Go peddle your papers.

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Trust SCOTUS? Yes, my man. Yes!

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"What do we do now? If the Supreme Court can take away a right — if they can reinterpret settled case law whenever new membership allows it — how can we ever trust the court again?"

Who is "we?"

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author

Americans.

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Then this is a difficult question to answer. What about other "settled case laws" that I would like to see overturned? Reversing qualified and absolute immunity doctrines, for example. Or re-instituting the privileges and immunities clause of the 14th amendment? These would be perceived as taking away rights for some Americans, but might these increase trust in courts?

I have a lot of criticism of judges and courts, but I hope my fellow Americans weigh the features and foibles of our current system against other proposed solutions and turn-down the rhetoric of total victory or defeat.

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"Settled" Booooowahahahaha! Judge-made when it should have been in the states all along.

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Why?

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We have to make sure appointees are not hostage to a religious belief that clouds their objectivity. Otherwise we are hostage to chaos. This cannot work in a democracy, it makes a mockery of it. JFK knew that.

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