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Joined 1 year ago
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Cake day: August 7th, 2023

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  • Most likely you’d have to allow the sitting president to appoint an acting justice to serve out the remainder of that justice’s term. Yeah we’d still have the problem of RBG dying under Trump and giving us a 6-3 conservative majority, but if she only had a few years left on her term when she died the damage would at least be limited.

    As for what McConnell did to Garland, having term endings scheduled would make that a lot harder. If their terms are staggered such that they always end 1 year and 3 years into each president’s term it destroys the argument that it’s too close to an election and the people should get to decide who makes the appointment. They’d be forced to outright deny the nominee and let the president try again. That’s much harder to maintain.


  • The idea would essentially be that they wouldn’t all hear every case. You’d randomly assign a panel of say 5 justices from the pool and each panel would hear their own cases.

    That way we stop bullshit like what Thomas did in his Dobbs concurrence where he straight up said he thinks cases like Obergefell (gay marriage), Lawrence (can’t criminalize gay sexual acts), and Griswold (contraception) also need to be reversed and all but instructed conservative legal circles to back challenges to those cases. Since there’d be no guarantee that a baseless partisan legal challenge would end up in front of favorable justices they would be much less likely to succeed.

    This does potentially introduce a problem with consistency, but such a problem isn’t unsolvable. You could institute a rule that allows for basically an appeal on a SCOTUS ruling to be heard by either a different panel of justices or the entire body as a whole, for example. It obviously wouldn’t be perfect, but we don’t need perfection. We need SCOTUS to not be some unaccountable council of high priests who can act with blatant partisan interest and we can’t do anything about it.


  • To be fair, calling them “wings” was to my knowledge more about linking them to how chicken wings as a dish were prepared and presented than a statement on where the meat came from on the bird.

    I don’t know much about this case in particular but it fits into a long pattern of activist conservative judges basically legislating from the bench to protect business interests. So it’s unsurprising that one of them would basically say “no one actually believes the wing part, so there’s no reason for them to believe the boneless part either, and therefore there’s no liability if there are bones in the product.”