How rare is a Supreme Court breach? Very rare

Re:How rare is a Supreme Court breach? Very rare by kadoban on Monday May 02, 2022 @10:21PM (#31243683)

The judicial branch already disregarded the process. See the current court's use of the shadow docket, and hell, _this decision_ itself.

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Re:How rare is a Supreme Court breach? Very rare by refurb on Monday May 02, 2022 @10:24PM (#31243703)

This decision is disregarding what process? This is the power vested in the Supreme Court.

Edit: No, no law is “settled” and impossible to overturn. The comment said “casually overturned”, not “never overturned”.

It’s how it’s supposed to work

You don’t get to pick and choose what decisions you like and then attack the ones you don’t. If you do you undermine the decisions you don’t agree with AND the ones you do.”

And again, there is nothing stopping Congress from turning around and passing a new abortion law that maintains the status quo.

It may not be perfect but if you don’t respect the process then you might as well throw the whole system out the window.

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Re:How rare is a Supreme Court breach? Very rare by ceejayoz on Monday May 02, 2022 @10:28PM (#31243727)

> This decision is disregarding what process?

Stare decisis, aka precedent.

https://www.pbs.org/newshour/health/is-roe-v-wade-settled-la...

"During his confirmation to the Supreme Court, Brett Kavanaugh convinced Sen. Susan Collins that he thought a woman’s right to an abortion was 'settled law,' calling the court cases affirming it 'precedent on precedent' that could not be casually overturned."

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Re:How rare is a Supreme Court breach? Very rare by giantg2 on Monday May 02, 2022 @10:53PM (#31243931)

I have no problem with someone taking issue with a specific instance of overturning precedent, or the logic used to do so. But I don't think it's correct to say this never happens or ignores the process. We could look to a myriad of rulings related to slavery, Jim Crow, segregation, etc in which courts previously ruled on flawed precedent that was later overturned (although many bills were also used to help those changes along). It's rare, but it's a type of action that still exists within the overall legal process. I didn't realize the court held constitutional decisions as easier to overturn than statutory ones.

https://theconversation.com/the-supreme-court-has-overturned...

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Re:How rare is a Supreme Court breach? Very rare by zdragnar on Monday May 02, 2022 @10:36PM (#31243787)

There is precedent for overturning precedent. Stare decisis is not supposed to mean that a decision is set in stone for eternity.

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Re:How rare is a Supreme Court breach? Very rare by ceejayoz on Tuesday May 03, 2022 @07:34AM (#31247052)

Certainly, but one of the deciding votes here won their seat very recently claiming precedent in this specific case made it settled law. That appears to have been a lie.

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Re:How rare is a Supreme Court breach? Very rare by zdragnar on Tuesday May 03, 2022 @10:18AM (#31248600)

That is very much not what he claimed. We also don't yet know how he voted.

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Re:How rare is a Supreme Court breach? Very rare by ceejayoz on Tuesday May 03, 2022 @12:13PM (#31250058)

https://www.politico.com/news/2022/05/02/supreme-court-abort...

> A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.

https://www.politico.com/story/2018/08/21/brett-kavanaugh-ro...

> “We talked about whether he considered Roe to be settled law,” Collins told reporters. “He said that he agreed with what [Chief] Justice [John] Roberts said at his nomination hearing in which he said that it was settled law.”

Lisa Murkowski now openly claims to have been misled by the nominees, as well. https://twitter.com/SamanthaJoRoth/status/152152291819859148...

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Re:How rare is a Supreme Court breach? Very rare by xeromal on Monday May 02, 2022 @10:59PM (#31243977)

There was also precedent for defending slavery, women's right to vote, and other things but that didn't stop us from progressing or degressing(?) depending on what side you're on.

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Re:How rare is a Supreme Court breach? Very rare by kadoban on Monday May 02, 2022 @11:46PM (#31244322)

You really needed to preserve your neutrality for the pro-slavery, anti-suffragette crowd? There is such a thing as having too open of a mind.

> degressing(?)

regressing ("deteriorating" or "degenerating" could also work)

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Re:How rare is a Supreme Court breach? Very rare by kadoban on Monday May 02, 2022 @10:35PM (#31243781)

> You don’t get to pick and choose what decisions you like and then attack the ones you don’t.

Sure I do. This one hurts people and is being decided by a broken court, formed by illigitimate means.

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Re:How rare is a Supreme Court breach? Very rare by kadoban on Monday May 02, 2022 @11:29PM (#31244208)

> And again, there is nothing stopping Congress from turning around and passing a new abortion law that maintains the status quo.

Nothing except Congress being useless. When empty land gets to vote, and half of it votes against functioning government, unsurprisingly nothing gets done.

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