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The Judiciary HAS held (Original Post) EffieBlack Dec 2020 OP
You called it, Effie. sheshe2 Dec 2020 #1
Yes m'am, I remember your post about this fourteen years ago, Effie!! Leghorn21 Dec 2020 #2
It sure does feel that long ago! EffieBlack Dec 2020 #4
Cool are you the one who said OhZone Dec 2020 #3
K & R malaise Dec 2020 #5
not until biden is sworn in. always time for more attakcs nt msongs Dec 2020 #6
When I saw you post this promise many moons ago, I took heart... Mister Ed Dec 2020 #7
I believe you assured us of this long ago. Cracklin Charlie Dec 2020 #8
Thank God coeur_de_lion Dec 2020 #9
I must admit, I had many doubts mcar Dec 2020 #10
It makes me very proud of our country Nictuku Dec 2020 #11
I was sure it would. The Velveteen Ocelot Dec 2020 #12
This message was self-deleted by its author geralmar Dec 2020 #30
That was my exact thought, too! AwakeAtLast Dec 2020 #13
I remember your post on this. At the time, I took heart. crickets Dec 2020 #14
never in doubt, really mnmoderatedem Dec 2020 #15
I've been saying for a couple of years that when it comes down to it, regardless.... George II Dec 2020 #16
For now. octoberlib Dec 2020 #17
Ditto tiredtoo Dec 2020 #18
You mean like they heard the PA case? nt. dware Dec 2020 #34
Hopefully yes. nt tiredtoo Dec 2020 #38
You gave me Gilbert Moore Dec 2020 #19
For now sandensea Dec 2020 #20
If anything, this has established as clear as day BumRushDaShow Dec 2020 #21
Well put! I wonder ancianita Dec 2020 #22
I think the gist of the arguments in the 2013 VRA case BumRushDaShow Dec 2020 #23
Thanks. Helpful history. ancianita Dec 2020 #24
Legacy jonstl08 Dec 2020 #25
I remember when you posted that. Thank you so much for the reminder. Even now... Hekate Dec 2020 #26
Yes! DesertRat Dec 2020 #27
Kicked and recommended. ❤ nt littlemissmartypants Dec 2020 #28
K&R betsuni Dec 2020 #29
I was worried Gothmog Dec 2020 #31
One more case and we can relax completely Maeve Dec 2020 #32
Yes they have, and so has the Military by publicly stating that they have dware Dec 2020 #33
Kick betsuni Dec 2020 #35
I miss your posts Effie. Caliman73 Dec 2020 #36
So far so good Bettie Dec 2020 #37
Tomorrow may be interesting Gothmog Dec 2020 #39
K&R! (nt) ProfessorGAC Dec 2020 #40

Leghorn21

(13,524 posts)
2. Yes m'am, I remember your post about this fourteen years ago, Effie!!
Tue Dec 8, 2020, 06:31 PM
Dec 2020

At the time, I was like, wellllllll mmmmmmmmmm, SURE HOPE SO

So far, so great!!

(sure feels like that long ago, yep!!)

Mister Ed

(5,931 posts)
7. When I saw you post this promise many moons ago, I took heart...
Tue Dec 8, 2020, 06:42 PM
Dec 2020

.. because I knew in my heart you were right.

Thank you, ma'am.

The Velveteen Ocelot

(115,686 posts)
12. I was sure it would.
Tue Dec 8, 2020, 07:13 PM
Dec 2020

I was a clerk for an appellate court many years ago, and I saw first-hand how careful judges are - at least the ones I worked with - to stick to the law and avoid politics. They also don't like having their own powers invaded or questioned by politicians. The bias we see from judges arises from legal rather than political philosophies, which don't necessarily coincide. For example, a "conservative" court will tend to take a more restrictive view of individual rights than a "liberal" court, but that doesn't mean they will ignore the law altogether to suit the whims of a politician, especially the one who appointed them. We've already seen that judges appointed by Trump have thrown out his ridiculous lawsuits. Even Kavanaugh and Gorsuch have written opinions holding against the administration. There are some bad judges. Most of them are not.

Response to The Velveteen Ocelot (Reply #12)

crickets

(25,976 posts)
14. I remember your post on this. At the time, I took heart.
Tue Dec 8, 2020, 07:57 PM
Dec 2020

Since then it's been a bumpy ride, but you were right. The judiciary did hold. We have republic still.

mnmoderatedem

(3,728 posts)
15. never in doubt, really
Tue Dec 8, 2020, 08:02 PM
Dec 2020

judges, even right leaning ones, are not going to have their legacy be circumventing the legal process and just hand the election to trump in an authoritarian sort of way. No matter what they did prior to, and after, they would be remembered for nothing else. They would never escape it.

George II

(67,782 posts)
16. I've been saying for a couple of years that when it comes down to it, regardless....
Tue Dec 8, 2020, 09:01 PM
Dec 2020

....of how conservative judges may be ideologically, they will rule on the side of the Constitution and the country.

We've now seen it dozens of times since Election day, and at least twice today, too.

Gilbert Moore

(218 posts)
19. You gave me
Tue Dec 8, 2020, 09:08 PM
Dec 2020

You gave me hope.

As I watched the trumpanzee legal team pee up a rope, your post gave me a degree of comfort.

We are so close to the finish line and they have exhausted their avenues of pursuit. It's all over.

THANKS for sharing your wisdom !

sandensea

(21,633 posts)
20. For now
Tue Dec 8, 2020, 09:09 PM
Dec 2020

May it ever be so - but as Gore v. Bush showed us, they're not immune from crass political pressure.

And with all these 30/40-something year-old Cheeto appointees entrenched in their judgeships for life, we may not be so lucky next time.

BumRushDaShow

(128,947 posts)
21. If anything, this has established as clear as day
Tue Dec 8, 2020, 09:09 PM
Dec 2020

why Roberts throwing out Section 4 "pre-clearance" (and Section 5 that is tied to it listing states/localities) of the 1964 Voting Rights Act, helped to create this current litigation nightmare.

If anyone needed proof through documentation, of how counties in specific states with large minority populations were targeted for harassment, not just for voter suppression, but for total disenfranchisement and premeditated negation of their votes, here we have that proof, compiled from over 50 frivolous lawsuits (so far), just over the past month.

ancianita

(36,053 posts)
22. Well put! I wonder
Tue Dec 8, 2020, 09:26 PM
Dec 2020

if Roberts is rethinking that decision.
I hope GA Dems can win us a chance for a new, more permanent voting rights act.

Absent that, it looks as though the suits are here for good. Big Corp is behind them, imo.
On their end it's nothing personal, just business.

BumRushDaShow

(128,947 posts)
23. I think the gist of the arguments in the 2013 VRA case
Tue Dec 8, 2020, 09:40 PM
Dec 2020

was that the list of states/counties requiring DOJ "pre-clearance" before making any changes in their voter laws, were "outdated". So basically the court threw out those sections and sent it back to Congress to update.

And in fact, House and Senate Dems have attempted a recent update with the " (John Lewis) Voting Rights Advancement Act of 2019" (H.R. 4 in the House and S.4263 in the Senate) to restore and update the VRA.

Since a new Congress will be seated next month, those bills are moot and they have to resubmit them for the new session. But I would think that given what we have experienced with this election so far, they would have quite a bit of additional material to include in their updated legislation.

ancianita

(36,053 posts)
24. Thanks. Helpful history.
Tue Dec 8, 2020, 09:51 PM
Dec 2020

Indeed, the 117th will definitely have to harden up new legislation. States will challenge it, regardless.

jonstl08

(412 posts)
25. Legacy
Tue Dec 8, 2020, 10:57 PM
Dec 2020

I was telling friends the Supreme Court especially John Roberts would not want to have anything to do with deciding this election because they would be concerned about their legacy.

Still believe that and hope it stays true. Feel Trump and his GOP enablers are going to try some more crap.

Hekate

(90,677 posts)
26. I remember when you posted that. Thank you so much for the reminder. Even now...
Tue Dec 8, 2020, 11:06 PM
Dec 2020

...there are days it’s hard to hold on to the light.

Maeve

(42,282 posts)
32. One more case and we can relax completely
Thu Dec 10, 2020, 10:20 AM
Dec 2020

I really, really want to have faith, but....let the Supreme Court slap down Texas and be done with it.

You have been a beacon of light thru this and I thank you for that. I wish I could believe totally, but my faith in America's strength has been shaken to the core the past few years. Looking out my front door and STILL seeing three houses with tRump signs out is very depressing.

dware

(12,374 posts)
33. Yes they have, and so has the Military by publicly stating that they have
Thu Dec 10, 2020, 10:31 AM
Dec 2020

no role in the election, nor in civilian law enforcement duties.

Caliman73

(11,736 posts)
36. I miss your posts Effie.
Thu Dec 10, 2020, 01:06 PM
Dec 2020

Good to see you even for a short post.

Yes they are definitely holding. While concern about such partisan judges still remains in other areas, I agree that the VAST majority of judges and justices understand when some one is blatantly trying to destroy every democratic principle we have, in order to retain power. They do not want to be remembered in history as the people who handed the US to fascism.

Gothmog

(145,195 posts)
39. Tomorrow may be interesting
Thu Dec 10, 2020, 08:51 PM
Dec 2020

From Prof. Hasen's election law blog. https://electionlawblog.org/?p=119508

The Supreme Court today in Carney v. Adams turned back a suit for lack of standing. The Court quoted from an earlier opinion by Justice Powell, in words that might be thought to have some bearing on the case Texas wants the Court to hear:

In other words, a plaintiff cannot establish standing by asserting an abstract “general interest common to all members of the public,” id., at 440, “no matter how sincere” or “deeply committed” a plaintiff is to vindicating that general interest on behalf of the public, Hollingsworth, supra, at 706–707. Justice Powell explained the reasons for this limitation. He found it “inescapable” that to find standing based upon that kind of interest “would significantly alter the allocation of power at the national level, with a shift away from a democratic form of government.” United States v. Richardson, 418 U. S. 166, 188 (1974) (concurring opinion). He added that “[w]e should be ever mindful of the contradictions that would arise if a democracy were to permit general oversight of the elected branches of government by a non-representative, and in large measure insulated, judicial branch.” Ibid.; see also Schlesinger v. Reservists Comm. to Stop the War, 418 U. S. 208, 222 (1974); Warth v. Seldin, 422 U. S. 490, 500 (1975)
.

Today's ruling may play a case in the SCOTUS review of the Texas lawsuit
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