C.J. Nowak
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So, how do we address the ongoing SCOTUS crisis? It's not a legitimacy issue. It's the fact that there are no formal mechanisms that restrain the court from issuing whatever ruling they want. Indeed, there's no legal mechanism that allows them such sweeping powers to begin with.
11:45 AM - Jun 30, 2023
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Sabine
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In response to C.J. Nowak.
care to explain for a foreigner?
Can they just pick whatever issue comes to their minds? Isn´t there a process that brings cases from "lower" courts to their desks in due course?
11:53 AM - Jun 30, 2023
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C.J. Nowak
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In response to Sabine.
In an early SCOTUS case, Marbury v. Madison, the court gave itself authority to conduct judicial review and rule on the constitutionality of legislation and executive action. It's not anywhere in the constitution, though. It has no formal rules defining its scope or limits. They can just say 'no.'
12:03 PM - Jun 30, 2023
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