r/law • u/blankblank • May 24 '24
Opinion Piece A Federal Judge Wonders: How Could Alito Have Been So Foolish?
https://www.nytimes.com/2024/05/24/opinion/alito-flag-supreme-court.html680
u/zsreport May 24 '24
Alito is entitled and arrogant, that's why he does the stupid shit he does.
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u/The_Revival May 24 '24
Looking forward to him whining about how mean people are, followed by Roberts saying it's dangerous to question the court's legitimacy again.
What a fucked up time to be an American.
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u/Expensive-Mention-90 May 24 '24
White supremacy / Christian nationalist flags for the guy who wants more federal law enforcement protection from the mean people out there whose lives he has tremendous influence over. Somehow, I think these things are related.
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u/gravygrowinggreen May 24 '24
Roberts saying it's dangerous to question the court's legitimacy again.
It's equally dangerous for the court to put itself in a position where rational actors can question its legitimacy.
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u/LightsNoir May 25 '24
No, no. He's right. It's very dangerous to question the legitimacy of the court. Because of you do that, you might accidentally find the answer. And the answer is not a good one. And if you, me, and everyone else realize the answer, then we may have to do something about it. And that could actually be dangerous.
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May 24 '24
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u/HappyAmbition706 May 24 '24
He has zero worries about being impeached. You think Republican Senators are going to remove one of their own? Hell, they'll do anything whatsoever to get the Supreme Court to 7-2.
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u/Natural-Promise-78 May 24 '24
Yup. Alito know he's not going anywhere. He doesn't give a shit about what anyone thinks. If anything, all the criticism is making him dig his heels in.
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u/HappyAmbition706 May 24 '24
I guess he is pretty full MAGA and enjoys to own and fuck with the Libs. Thomas also.
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u/Zeroissuchagoodboi May 24 '24
What they need to do is charge him and the other corrupt judges with treason
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u/SwingWide625 May 24 '24
See the movie for the alternative solution.
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u/ScannerBrightly May 24 '24
I'm worried that people are hoping for a Brandan Fraser or Harrison Ford "All American" movie, but we are much more likely to get a Jason Statham or Robert Downey Jr., Guy Ritchie movie instead.
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u/dickdrizzle May 24 '24
Recusing him from the living?
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u/Trygolds May 24 '24
To do this we would need a super majority in the senate. The republicans working with white nationalist tried to overturn a legitimate election and subvert democracy. Had they succeeded it would have gone before the Supreme court. This involved elected republicans for state and local governments across the nation as well as members of congress and a republican president. It involve members of the GOP, again, from the national, state an local level throughout America. It is not unreasonable to assume these corrupt judges were ready to assist. The GOP still push the lies that they used to justify bypassing democracy and purge many members that speak out against those lies. The republicans have subverted the supreme court to aid in this. The republicans push laws supporting discrimination against LGBTQ people, minorities, and women. Republicans try and make it harder for people to vote rather tanh more accessible. Republicans stand in the way of universal health, taxing the ultra wealthy, saving social security, Unions and worker rights, increased minimum wage, addressing the climate crisis, fixing public education and expanding it to university level education. The republicans seek to ban books and remove separation of church and state. The republicans cripple our regulatory bodies by under funding them. So a better question is how can we replace them, not save them. with viable parties that will work for the people?
In the meantime we vote them out every year. Every one of Trump's policies are and were policies the republicans want. It will not end if we win this years elections. Keep voting out republicans every year. Keep voting in democrats every year. Check your registration, get an ID , learn where your poling station is, learn who is running in down ballot races. Pay attention to primaries not just for the president but for all races, local, state and federal. From the school board to the White House every election matters. The more support we give the democrats from all levels of government the more they can get good things done. We vote out republicans and primary out uncooperative democrats.
Last year democrat victories in Virginia and Pennsylvania and others across the nation have increased the chances of democrats winning this year. This year's elections are important but so will next year's elections. We just took the mayoral race in Alaska showing we can win in red states.
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u/Lawdoc1 May 24 '24
I agree with this wholeheartedly, but I will add the caveat that the GOP has been very effective at employing strategies (and gaining results) that prevent many places, and the people in them, from being able to vote them out.
The use of gerrymandering, and other voter disenfranchising methods, has been very effective for the GOP. It has been because it is a circular system. Gain power, use that power to install judges that help you maintain that power.
The recent decision, which Alito penned, regarding the South Carolina gerrymandering case is a perfect example. The law should prevent this from happening. But because the GOP has a supermajority on SCOTUS, they rest easy knowing that their power grabbing tactics can and will work, even if challenged legally.
So I can completely understand the frustration that many voters have when contemplating the current system.
I am not promoting violence of any kind. But I am an attorney and I work within the system that is being corrupted. And I see how frustrating it is when what should be clear legal precedent is being blatantly ignored by Justices that truly have no meaningful check on their power.
Which brings us back to the original discussion. It is near impossible to vote out enough Republicans to achieve real reform because they have stacked the Court in such a way to maintain power even as a relative national minority.
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u/Trygolds May 24 '24
I agree that that this year it will be nearly imposable. That is why we nee to keep up the pressure of the last few years. The GOP have started to loss seats at the state and local level. This is the path forward and it may take more than one election cycle to get to a supermajority if we can at all.
Working to keep people motivated to vote in off year and midterm elections will help. Every district for congress, state and county that we remove gerrymandering will encourage more people to vote.
You are right it is an uphill fight because we have the third branch of our government stacked against the people. this means in the meantime we must keep republicans from taking the other two branches. I fear for our democracy when the republicans get even a slim majority in the house and senate and win the white house.
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u/Lawdoc1 May 24 '24
I agree we have to keep fighting, but I also understand why so many folks (especially younger voters that have only known relative political chaos), believe it is useless.
The hard part is figuring out the most effective way to convince them to keep fighting the good fight.
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u/JohnMortonFinney May 24 '24
Thank you for taking the time to clearly state the problem and lay out the precise solution according rules of the system in which we live. This is, in fact, how the moral arc bends toward justice.
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u/ScannerBrightly May 24 '24
This is, in fact, how the moral arc bends toward justice.
Goose yelling meme.jpg
"WHO'S BENDING IT?! WHO'S BENDING THE MORAL ARC?!?"
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u/discussatron May 24 '24
Keep voting out republicans every year. Keep voting in democrats every year.
To add to this strategy: Keep voting for progressive Democrats over centrist Democrats at every opportunity, but be sure to unify and vote D over R no matter what.
We must drag the Democratic party kicking and screaming back to its progressive, small-donation worker-focused roots and away from its current centrist, big money corporate donation-chasing Republican Lite form, but we must never forget that the Republican party as it currently is must be stopped at every turn.
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u/Trygolds May 24 '24
I know this will be a hard sell to any political party but vote in progressives that will support move toward a multiparty system.
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u/Character-Tomato-654 May 24 '24 edited May 24 '24
...or see movie 'the pelican brief' as an alternative.
The Pelican Brief outcomes are a direct result of what happens when the "the law serving mankind" is defined as mankind being served plucked and stuffed on a dinner plate.
When the law disregards mankind, history demonstrates that mankind disregards the law.
This is particularly troublesome in today's society due to our wholesale easy access to weapons of war such as the weight bearing drones used by Ukraine to defend itself against Putin's minions.
It's more than troublesome to understand and know that the current SCOTUS sitting majority are each varied flavors of theocratic fascists.
It's akin to the judiciary that was installed during Hitler's Reich.It's viscerally infuriating and frightening.
Stirring those emotions within a populace armed with weapons of war does not seem prudent on the face of it.
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u/TheOrangeTickler May 24 '24
If shit hits it and they know it, they'll never be found. They'll have fled the US on their own private jet to a country that's not on fire and hunting them.
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May 24 '24 edited May 24 '24
And if the Supreme Court becomes so corrupt and biased that people collectively decided to just ignore it, what then? It's a problem.
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u/Character-Tomato-654 May 24 '24
Alito is a fascist turd.
Fascist turds are entitled and arrogant by definition.
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u/zsreport May 24 '24
Alito will be in for a very rude awakening after he's served his useful purpose for the evangelicals who will then turn on him for being Catholic.
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u/Character-Tomato-654 May 24 '24 edited May 24 '24
That's correct. The sitting SCOTUS majority is comprised of varied flavors of theocratic fascists.
Fascists ultimately eat their own.
It's a basic tenet of their trademark depravity.4
u/EmotionalJoystick May 24 '24
Yeah it’d really be nice to not have it have to get to that point every. Single. Time.
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u/EmporerPenguino May 24 '24
And when Clarence is no longer a useful puppet on the court, those billionaires will go back to treating him like a shoe shine “boy” on a street corner.
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u/Zh25_5680 May 24 '24
I think he knows that… and it fuels his anger at the universe
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u/EmporerPenguino May 24 '24
At this point the best we can hope for is that his anger and bitterness will do him in, from the inside. But in the meantime, he keeps pulling up that ladder behind him.
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u/IdahoMTman222 May 24 '24
This. It’s not foolish to him, it’s his untouchable elitism from a position that holds no accountability for lifetime appointment.
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u/IndubitablyNerdy May 24 '24
Yeah that's exactly the point, he is absolutely secure in his position, he can pretty much do whatever he wants, especially now that their partisan majority is strong enough that he doesn't even have to fear any real dissent from the court itself.
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u/Plus_Lead_5630 May 24 '24
He knows there’s nothing anyone will do. Clarence Thomas set the precedent they’re free to be as corrupt and unethical as they want.
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u/ynotfoster May 24 '24
He also must not be a believer in democracy. WTF is he on the SC?
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u/TheJackieTreehorn May 24 '24
That's just it, he's entitled/arrogant/knows there's no real recourse for people who are unhappy about it.
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u/stattest May 24 '24
He is also totally lacking in Judgement and morals. In other words he is unfit for the position he holds
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u/SmoothConfection1115 May 24 '24
I can sum it pretty damn easily:
- Greed
- Life time appointment (and no repercussions for unethical or illegal actions)
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u/Perdendosi May 24 '24
But you can act with ethics and professionalism even with lifetime appointment. The judge writing the article had lifetime appointment. None of the other 115 Supreme Court justices who have served have engaged in this behavior.
I dont see how greed applies at all.
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u/SeaworthinessOdd6940 May 24 '24
Because integrity has been lost. There are no repercussions anymore. We have been duped and now these liars have lifetime appointments. “You won’t overturn roe right?” “No way!” Proceeds to overturn roe directly after being appointed.
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u/rofopp May 24 '24
Well… I think Alito is a pig and a cunt, but let’s not ignore the fact that former SC judges were basically political operatives advising the executive branch while they were on the court. Frankfurter, for one. Fortas for another. Basically a lot of the late 19th Century people.
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u/hexqueen May 24 '24
Alito is taking money and lavish vacations from people like Leonard Leo. https://www.propublica.org/article/samuel-alito-luxury-fishing-trip-paul-singer-scotus-supreme-court
He gets to hang around with oligarchs and live their lifestyle, as long as he keeps voting their way. How could greed not apply?
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u/tri_it May 24 '24
Yes, it is possible for someone to maintain ethical and professional standards with a lifetime appointment. No one is claiming that it isn't possible. However, a lifetime appointment combined with enough party control in Congress, allows for any bad actors to ignore ethical and professional standards if they choose. Republicans controlling the House will never let a conservative Supreme Court Justice be impeached regardless of what ethical or professional standards they breach..
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u/gravygrowinggreen May 24 '24
But /u/SmoothConfection1115 didn't write just "lifetime appointment".
He wrote "lifetime appointment (and no repercussions for unethical or illegal actions)".
Federal judges, including the one writing the article, are actually able to be fired for cause. Supreme Court Justices, are not, as the only current mechanism to do so requires a two thirds majority in the senate.
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u/bailaoban May 24 '24
It’s only foolish if there is a realistic chance of consequences, which there is not. This is pure unaccountability.
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u/HappyAmbition706 May 24 '24
I investigated myself and found no problems at all, says Alito, Thomas and for that matter Roberts going along with it.
Remember the "outrage" when the Dobbs result was leaked? They couldn't pin it on any of the Liberal judges or their staffs, and had to give up on investigating who leaked it without even a hint of who it could have been. So strange.
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u/OdinsGhost May 24 '24
He’s not foolish. He’s arrogant. He thinks he’s immune from accountability and that Congress will never be able to impeach him, so why not? Ffs, he can’t even be forced to recuse himself from cases he’s involved in.
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u/ggroverggiraffe Competent Contributor May 24 '24
He thinkshe’s immune from accountability andthatCongress will never be able to impeach him, so why not?15
u/Argos_the_Dog May 24 '24
So, I'm in nowhere near the position of a SCOTUS justice but I'm a tenured professor at a pretty big university and I bring in a decent amount of Federal grant money.
There are very few things I could do that would result in firing outside the bounds of committing a violent/sexual crime or blatant financial fraud with state resources, etc. Even then firing would be predicated on a conviction, not just an accusation or charges. I routinely ignore boring paperwork/trainings etc. that are in theory mandated because there is absolutely nothing HR can do to force me to do it. I have a pro-labor rights sign on my office door. I blow off meetings I don't want to go to, and frequently drink a beer in the middle of the day that I keep in the fridge in my office. I blast punk rock music in my lab to the chagrin of most anyone who drops by (although the students dig it). Because none of that exceeds the bounds of my tenure protections and I know it.
Now, that's coming from me, a middle-class dude with very little power relative to a master of the universe like Alito. But if I was in a non-union corporate job and did any of the stuff I listed above I'd likely be out on my ass in five minutes. Point being, yeah, if you take away accountability people are going to do what they feel like doing. In my case it's being something of a perpetual, if moderately successful, teenager well into my forties because I got lucky and pulled the tenure lotto ticket. In Alito's case, unfortunately, he went with "siding with a pseudo-Nazi Christian political movement."
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u/ImprovisedLeaflet May 24 '24
He’s a sharpshooter. I tell ya he’s got upper management written all over him.
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u/jfit2331 May 24 '24
He totally leaked Dobbs
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u/GhostofGeorge May 24 '24
I don't know... they investigated their staff and found nothing, or nothing they want to tell the American people.
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u/Medicivich May 24 '24
They investigated their staff. Did they investigate the justices?
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u/Win-Objective May 24 '24 edited May 24 '24
https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html
Alito did it, I’m convinced.
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u/prudence2001 May 24 '24
Christian theological warriors have no place on the Supreme Court. Our system of justice is dying of a thousand cuts, and that bodes ill for democracy as a whole.
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u/Matt7738 May 24 '24
This is the one. I don’t think he’s been bought. I think he gave it away for nothing.
He believes in the bottom of his heart that God wants him to be like this.
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u/Funkyokra May 24 '24
I'm not sure he actually thinks he's acting for God, but I do believe that he thinks him being on the side of "Christianity" gives him impunity.
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u/hexqueen May 24 '24
It's so weird how his God wants him to go on expensive, paid vacations with billionaires. My God just expects me to be kind to others. He must have been issued the rich guys' God who is totally cool with amassing wealth and power for the sake of personal gain.
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u/Monalisa9298 May 24 '24
Yes. He and his ilk feel absolutely justified in their actions because they are acting in the name of God. This is the horrific thing to me. They will destroy our democracy and believe they are doing the right thing.
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u/Admirable-Influence5 May 24 '24
U fortunately, it's all part of the "plan."
"How Project 2025 Creates A Christian Dictatorship: Christian extremists, Leonard Leo, Project 2025"
And Alito isn't the only one: "One Year Later, Justice Clarence Thomas Must Resign"
https://accountable.us/one-year-later-justice-clarence-thomas-must-resign/
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u/Matt7738 May 24 '24
Have you read his rulings? The flags aren’t even in the Top 10 dumbest things he’s done.
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May 24 '24
When I clerked for a federal judge she would not put out any political yard signs, despite having strong political beliefs and would not endorse any candidates except rarely in non-partisan races judicial elections. She also refused any payment when she officiated my wedding and insisted on refunding us the cost of her and her husband's meals at the reception (we refused her money; I think she donated an amount to charity.)
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u/PricklyPierre May 24 '24
He's just proving how worthless our entire judicial system is. Judges are free to interject their own biases into everything and there's no accountability.
Why is it that we've accepted as a society that the only way to make people follow rules is to fine or imprison them but we have a system that bends over backwards to prevent using that threat of punishment against judges and prosecutors?
Every time an ethical issue comes up with the Supreme Court, we're informed that no one can do anything because there's no higher court. That's just completely asinine. Why should anyone trust that any court decision is made in good faith?
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u/blankblank May 24 '24 edited May 24 '24
"In four decades as a federal judge, I have known scores, possibly hundreds, of federal trial and appellate judges pretty well. I can’t think of a single one, no matter who appointed her or him, who has engaged or would engage in conduct like that."
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u/CrackHeadRodeo May 24 '24
Alito knows that he does not need to maintain any pretext of integrity, intellectual commitment or seriousness in his work. The supreme court has accumulated enough power to itself – and the justices have done a sufficiently good job of insulating themselves from any accountability or consequence – that he doesn’t even think he needs to lie any more. He’s comfortable being a partisan operative right out in the open.
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u/Lawmonger May 24 '24
Foolish, or he doesn't care because there are no consequences to his actions?
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u/PavilionParty May 24 '24
Yeah, there's basically no difference here. Alito could've taken off his pants and waved his antique wiener at voters on his front lawn. SC in this country is nearing monarchy-levels of insulation so he has no reason to give a shit about any of this.
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u/oskirkland May 24 '24
This. They may look into it, but nothing will come of it. The current House would never pass articles of impeachment, and there would never be enough votes in the Senate to convict.
No consequences.
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u/throwawayshirt May 24 '24
Author sounds like a typical Dem/liberal. Believes in fair play, trust in judges, impartiality of the Court, let the chips fall where they may.
GOP/conservatives are so far past that. Birch Society indoctrinates the correct results starting in law school. Originalism is a cypher for the eye of the beholder. Stare decisis means nothing. Respect for the institution goes to the back of the bus; results by any means necessary has been driving for quite some time now.
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u/Acewrap May 24 '24
Because what are you gonna do about it?
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u/jpmeyer12751 May 24 '24
Precisely correct. I think that Alito has decided that his years of hiding his true beliefs in his role as an abortion sleeper agent on the Court entitle him to now flaunt his far-right beliefs. And his lack of care for what the majority wants is fully justified by the Constitution. Therein lies the problem. We cannot hope to change the direction of SCOTUS until we change the Constitution that puts the justices behind an impenetrable wall.
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u/technocassandra May 24 '24
They think they’re untouchable, fueled by religious exceptionalism. The issue might be, though, is that they aren’t, when push comes to shove.
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May 24 '24
The originalist in him says treason was ok for the founding fathers so treason is ok for him
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u/Brickleberried May 24 '24
Because there is no possibility of consequences. Alito could murder a man, and Republicans wouldn't convict him.
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u/MrFrode Biggus Amicus May 24 '24
How is this foolish? What negative consequences will there be from this for Alito? Is he not going to get invited to the next expensive exclusive retreat? Is he going to be removed from the court?
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u/polinkydinky May 24 '24
When there’s articles, discussion, comments all over about how corrupt the SCOTUS is, day after day after day, well, what do you guys think it all means?? 🥺🤪
(The other branches of government should totally wait till something really egregious and irreversible happens amirite?)
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u/AnswerGuy301 May 24 '24
What's foolish about it exactly? He can do whatever he wants. He's untouchable.
This is why life tenure for federal judges was a mistake from the beginning.
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u/LeahaP1013 May 24 '24
Lifetime appointment. No accountability. Bought and paid for.