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In It to Win It

(11,119 posts)
Fri Jul 18, 2025, 10:21 AM Friday

The Court's Liberals Are Trying to Tell Americans Something - The Atlantic

The Atlantic - Gift Link





In recent Supreme Court terms, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson have issued defiant dissents that push back against a seemingly endless cascade of conservative opinions. The three tend to take somewhat different approaches. Kagan has typically focused on exposing the majority’s shoddy reasoning, Sotomayor has underscored its complicity in wrong, and Jackson has placed it within larger systems of oppression. One might think, just skimming the dissents, that everything is as it should be: The Court takes cases. It hears arguments, and it votes. Those on the losing end dissent. One can read the majority opinion and the dissent, and see reasonable people disagreeing courteously and reasonably. That’s how the law is supposed to work, right? All is in order, same as it has been since the 1920s at least.

But look closer at the dissents, and it is evident that, whatever their differences, the three liberals agree on an overarching theme: They no longer see the Court playing by the old game of constitutional law. Their dissents suggest anything but an assumption of business as usual. The three liberal justices are writing about a majority unbound by law and its tiresome technicalities—about a majority that is no longer doing law as that term has come to be understood.

In other words, the dissents are screaming that the old game of law is no more; we’re in a different world, they say. Their critiques of incoherence, internal contradiction, and factual obfuscation are all in service of this.
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bucolic_frolic

(51,514 posts)
1. It's a politicized majority that also neuters precedent and law to be political.
Fri Jul 18, 2025, 10:28 AM
Friday

An owned Court that does the bidding of money, power, and privilege.

Baitball Blogger

(50,497 posts)
2. What they're doing is preparing their ruling to be overturned, since faulty legal reasoning is grounds for
Fri Jul 18, 2025, 10:35 AM
Friday

a court challenge, later down the road when the ratio of the supreme court political balance changes.

Passages

(3,273 posts)
3. They were chosen and approved for that difference.
Fri Jul 18, 2025, 10:40 AM
Friday

That is why Dems were warned.

However, President Joe Biden doesn't seem to be budging, despite attempts to persuade him from people like Laurence Tribe, renowned legal expert and professor emeritus at Harvard Law School.

"I've tried to persuade the president that he at least shouldn't pour cold water on it, but he won't go that far, he keeps saying that he's against ending the filibuster and against expanding the court," Tribe told Jim Braude on Greater Boston.

"There's no good reason for the president to be deflating the energy, the possibility of court expansion helps to generate," Tribe said.

Retired Federal Judge Nancy Gertner said the recent Supreme Court decisions were a "power grab."

https://www.wgbh.org/news/2022-06-30/legal-scholar-larry-tribe-is-trying-to-convince-joe-biden-to-expand-the-court

MLWR

(413 posts)
4. I see it as being even worse:
Fri Jul 18, 2025, 12:10 PM
Friday

By handing over powers that were constitutionally held by Congress and the Judicial branches, they are shredding the Constitution. They aren't going through any amendment procedure as outlined in the Constitution, they are just unilaterally ruling. They are telling us that their oaths of office mean NOTHING to them.

Moostache

(10,701 posts)
6. 6-3 super majority for the foreseeable future UNLESS Democrats campaign on and implement changes.
Fri Jul 18, 2025, 12:28 PM
Friday

Resetting the court is 100% necessary to balance our teetering republic and reset our self-governance before total fascism is installed and future elections cancelled. We have (maybe) got 2026 to take back the Congress (both chambers!).

We have to unfuck this nation very fast, with no time or room for hesitation - starting with rebalancing the Supreme Court via expansion to 15 members, or watch as it eats itself and devolves into a second shooting Civil War instead of the current Cold Civil War (which has been raging without proper name since 1981 - maybe even since 1965 to be real about it).

We also need a Constitutional amendment to end ALL lifetime appointment to ANY government positions. I would go as far as proposing a mandatory retirement age (at the time of swearing in) of 76 for the executive branch, 74 for the Senate and 78 for the House. We do NOT need to have nonagenarians or octagenarians at ANY level of government (nor should those individuals WANT to 'serve' at that age, mentor and advise, serve in emeritus roles? FINE... actively hold office and lead? NO, no longer a viable thing to allow).

This is because we do not need people making 30 and 40 year impact decisions for society when their life expectancy will expire in less than half that timeline at best - it leads to the very real possibility that their judgement is flawed and/or artificially influenced towards personal and familial gains instead of societal benefit and stability.

If that is ageist and a problem for some, I simply do not care. Its not personal, or directed even at current, or recent individual examples of office holders beyond their 'fresh-until' dates. It is common sense... as long as we continue to have mandatory retirements from the military (with 68 being the outside limits THERE), then we need to come closer to alignment on the civilian side as well. That 100% includes the President, the Supreme Court, and the Senate and House. A vibrant and future-focused society is necessary for survival of the nation beyond the next 15 years, those who will survive to see it must be the ones to implement policies to survive it.

bucolic_frolic

(51,514 posts)
8. Post Civil War, the GOP held power a long time
Fri Jul 18, 2025, 12:45 PM
Friday

And even then, states were often held by GOP majorities, cities as "one-party" towns. Reforms in the Progressive Era rooted out the nepotism with city-manager type governance, about the same time as TR's Trustbusters.

Grover Cleveland and Woodrow Wilson were the only Democratic presidents from 1860 to 1932.

Wednesdays

(20,585 posts)
11. Taking back the House is quite do-able in '26
Fri Jul 18, 2025, 05:37 PM
Friday

Taking back the Senate, however, is a pipe dream.

Moostache

(10,701 posts)
12. If this is true, if it is a lost cause...then start planning for the partition now.
Mon Jul 21, 2025, 11:12 AM
Yesterday

This current abomination in office and the damage being wrought on the nation mean that if we are unable to politically rally and address the problem, military action and partition will become the only remedy. I am dead serious about the need to secure the nuclear arsenal of the United States BEFORE this happens because if that is not done, the right WILL seize those weapons and would be far more likely than anyone in history to deploy them as well.

A third impeachment in the House is almost guaranteed if the Democrats regain the House, but a third joke of a trial and subsequent acquittal would likewise seal the fate of the Union. We currently have a Supreme Court stacked with ideolouges and essentially unchangeable for the foreseeable future, a Congress gridlocked and hopeless beyond subservience to the President and an imbecile with a desire for revenge holding forth as a "Unitary Executive" on steroids and meth. The options to act politically and actually achieve meaningful change are drying up and desiccating in front of our eyes. Add to this a Constitution that has a completely broken mechanism (amendments won't pass under ANY current circumstance) and the whole thing is breaking down and becoming toxic by the second.

OldBaldy1701E

(8,412 posts)
7. "In other words, the dissents are screaming that the old game of law is no more."
Fri Jul 18, 2025, 12:39 PM
Friday

So? No one will actually believe it until it all crashes.

Appealing to a corrupted judicial system to address a corrupted executive branch or a corrupted legislative branch is not going to achieve anything... except give the corruption more 'validity' when they rule against the voices of reason and common sense.

Which is something we need to consider now and not after it all goes belly up.

annielion

(57 posts)
9. Thanks for posting this.
Fri Jul 18, 2025, 12:45 PM
Friday

I have been surprised how many people choose power over self-respect. I guess I've been naive.

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