Trip needs a good clerkship when he graduates Yale
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That was a rallying cry of conservatives during the civil rights era. Not even saying you are wrong, but that would be history rhyming.
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can't congress just pass a law overturning marbury v madison
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Congress can just ignore Marbury v Madison.
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What would that look like here? The courts are now disempowrered. A democratically elected Texas legislature bans abortion. What's the difference?
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The federal legislature uses its power to pass an abortion law. Fundamentally, the problem is we don’t have a functional legislature so the courts have taken more power to fill the void.
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Also, support for Roe v. Wade and same-sex equality decisions doesn’t fit neatly into a claim that the problem with the court is that it’s anti-democratic and that elected representatives should have the final say.
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Why do people conflate institutions with bad actors that infiltrate them? That's like cutting off an arm because of an infected finger. Recognize the compulsive profiteer ethos or it eats us alive. Curtailing courts just plays into their hands.
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I, for one, like the comparison of the most ardent and extreme reactionaries to pathogens. They'd kill us if they could, much like disease.
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i'd like to disempower the courts, but for the issue of abortion rights that would be counterproductive. it is only through the courts that the federal right to obtain an abortion is enforced (absent legislation).
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