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Supreme Court maintains block on entirety of Biden administration's new Title IX rule
(www.cbsnews.com)
this post was submitted on 16 Aug 2024
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The court was not designed to be a political institution but it absolutely has become one. Corrupt and terrible.
You have to wonder, though, if that outcome was inevitable by the design of the Supreme Court.
How could you make an entity that's appointed solely by politicians, who are going to play party games, with any sort of expectation it won't end up being completely politicized?
I mean, it's perhaps more corrupt and perhaps more obnoxiously loud as a political entity, but if you look at its entire history, it's not like it suddenly became a political tool just now, and that it was previously a shining beacon of honesty and impartiality.
The Supreme Court has too much power and Article III of the U.S. Constitution contains the solution. The important part is in the second paragraph below. The Supreme Court, by design, has original jurisdiction only over "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." SCOTUS has appellate jurisdiction in all cases mentioned in the first paragraph, and here is the critical part, "with such exceptions, and under such regulations as the Congress shall make."
Congress has the authority to take away the court's appellate authority in the vast majority of cases. They could create a Supreme Appellate Court that would decide the vast majority of the cases that SCOTUS now decides. Congress could strip SCOTUS of all authority other than that specifically defined in the Constitution; that of "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party."
Article III, Section 2
As Justice Sonia Sotomayor noted during the oral arguments when SCOTUS overturned Roe v. Wade:
Each branch of government is supposed to be a check on the power of the others. The Legislative and Executive branches are not powerless against the current court, except for the fact that the Republicans in the House and Senate stand in the way of meaningful reform. Vote blue at every level if you want to save this country. Because right now we have a royal court backed up by the GOP in the legislature that is really ruling the land and that's the only way we will ever change it.
Yeah, in theory, but that'll happen roughly never. Congress is far too focused on decorum, and tradition, and making insider stock trades to enrich themselves to pull their collective heads out of their own asses to pass even basic, simple, required and popular laws never mind spending time to fix other branches of the government.
I don't want to veer into the failed state crackpottiness or anything, but even an actual insurrection invading the capitol didn't get them to do anything so I'm at a substantial loss as to what could possibly motivate congress to you know, legislate.