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0 pointsrayiner1y ago0 comments

I’d be okay with that, but only if we have a review process where all Warren Court decisions are re-vetted by the newly constituted Supreme Court. You can’t spend half the 20th century having “judicial oligarchs” rewrite the constitution and then complain when a few court decisions go the other way.

But what would be more fun is for the current Supreme Court to adopt the “emanations from penumbras” philosophy of judging, and do that for a couple of decades.

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selimthegrim1y ago

Why stop there? Why not go back to Lochner?

HaZeust1y ago

Lochner made it impossible for the legal pragmatic of our country's ontology to recognize corporations and enterprises as autonomous entities that should have checks and balances for - and against - themselves AND other entities of the government, just as much as citizens do.

With how things shaped up, the innate de jure power struggle should have been "The People <> Legislative <> Judicial <> Executive <> Corporations"

We're still paying the price, as the Lochner era was incredibly myopic.

rayinerOP1y ago

That’s what I suggested:

> But what would be more fun is for the current Supreme Court to adopt the “emanations from penumbras” philosophy of judging, and do that for a couple of decades.

Let’s see what “emanations from penumbras” we can find in the contract clause, second amendment, tenth amendment, etc. If only conservatives had the sense to use Roe as a template for how to judging should work.

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