Supreme Court appears likely to approve Trump’s firing of FTC Democrat

Cthel

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Gorsuch argued that the bargain has given too much power to agencies. “The one thing our framers knew is that every political actor seeks to enhance its own power. We all know that to be true from our own experiences,” Gorsuch said. “And this court, as part of this bargain, has allowed these agencies to exercise both executive and legislative [power].”

I guess they're saying the quiet part out loud now
 
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blazeoptimus

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Whats interesting is that the 'Humphrey’s Executor' ruling was a conservative court trying to limit the power of a liberal president (Roosevelt). It kind of shows that the laws/principles the Supreme Court defines are meaningless, since it just depends on the feelings of the judges at the time. In other words, there is no right and wrong, only competing interests and how to advance your side.
 
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227 (229 / -2)

nsimpson

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They have completely abrogated the responsibilities of the Supreme Court to such a degree that major reforms to the SC have to be part of any future Dem government (assuming there is one). Whether that's more justices, a different way of selecting justices, easier removal of the existing court all have to be on the cards. Arguments about such a change making it easier for a future Autocratic president to bend the SC to his will are moot, because the current court has already shown that it lacks either the spine or the desire (or both) to hold such an autocrat in check.
 
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Tobold

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It's a massive problem that they're going to slice the independence of agencies and hand all the power to the executive branch. Congress carefully designed a scheme that allowed the agencies a measure of important power in the country an economy but limited the power of the executive branch to slowly evolve the agency over time or to remove members for cause.

How the Court is poised to hand over the full power of those agencies to the President with no regards for the balance of power mechanisms in the laws the created those agencies. It's a massive encroachment of the power of Congress to define the scope and power of the agency through law and cedes that power to the raw decree of the executive branch. It's a flagrant violation of the separation of powers at the core of Constitutional balance. The Court however, does not give a shit and only cares about presidential power, not Congressional power.
 
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targetnovember

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So is the idea not that these agencies were created improperly to be independent, but no executive agency can constitutionally exist with any independence from the president? If Congress strongly feels that there should be independent oversight in some government functions, which is an enumerated Congressional power, then the solution is to create large, permanent legislative oversight bodies that are not under the executive branch?
 
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Reps got the Senate, the House, presidency AND the Supreme court.

If you guys don't get the midterms under your belt... fucked and you - would be an understatement.

Not sure what you can do about the SC though, it's my understanding that till someone kicks the bucket there, you're stuck with the same players...
 
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blazeoptimus

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Every day I read these articles from abroad and wonder when American citizens are actually going to do something. For now everyone seems content to yap online and continue ignoring the slide.

Watching a democracy die in real-time has been extremely sad.
Unfortunately, Democracies are a dead-end government. Democracies, by their nature, have to address the needs of and tolerate all citizens. Autocracies or rule by a few/one have no such requirement. What this means is that an element of autocracies will always exist within a democracy and since Democracies are, more or less, popularity contests - it becomes only a a matter of when, not if, the Autocracy element wins the contest and the Democracy is no longer a democracy.

In other words, Democracy depends on all of the citizens within a nation to maintain it. Thats a bad bet since humans are fickle and unreliable.
 
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Grimer11

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Reps got the Senate, the House, presidency AND the Supreme court.

If you guys don't get the midterms under your belt... fucked and you - would be an understatement.

Not sure what you can do about the SC though, it's my understanding that till someone kicks the bucket there, you're stuck with the same players...
And guess who has appointed THREE of the judges. No president should be able to appoint three judges to the Supreme Court, and especially not Dear Leader.
 
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Jeff S

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The Supreme Court seems to be taking a power that is explicitly Congressional, and tranferring it through their intepretation to be an Executive power. . .

I'm speaking of the power to regulate commerce - the Constitution says, in Article I, Section 8, which is a list of Congressional powers, it includes:

"The Congress shall have Power. . .

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

The Federal Reserve, The Consumer Financial Protection Bureau, the EPA, The FCC, the FTC. . . what are these things if not Congress organizing government to exercise uniquely Congressional Authority, NOT Presidential Authority.
 
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CapnSassafrass

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The Supreme Court seems to be taking a power that is explicitly Congressional, and tranferring it through their intepretation to be an Executive power. . .

I'm speaking of the power to regulate commerce - the Constitution says, in Article I, Section 8, which is a list of Congressional powers, it includes:

"The Congress shall have Power. . .

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

The Federal Reserve, The Consumer Financial Protection Bureau, the EPA, The FCC, the FTC. . . what are these things if not Congress organizing government to exercise uniquely Congressional Authority, NOT Presidential Authority.
The responsibility to impeach the SC judges also lies with Congress, and it's been pretty clear how they prefer that process to go. Or not go, as we've seen.

Flipping seats in the mid-term is a requirement for the continued existence of this country as it used to stand.
 
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Totally Radical Liberal

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Every day I read these articles from abroad and wonder when American citizens are actually going to do something. For now everyone seems content to yap online and continue ignoring the slide.

Watching a democracy die in real-time has been extremely sad.
Here's the problem from an American: about a third of the population is RELIGIOUSLY on board with the way things are going. Zealously. And they have all the guns and believe that opposing the government (when they control it) is evil terrorism. Any actual action runs into this problem.

Also the Democratic party would be a right wing party in any other country and acts accordingly. The DNC is on board with militarized police and border walls, they just want them a little cheaper and with a few more controls, that's all. There is simply no left wing party and every power that be views the actual left as a violent enemy worse than any outsider and worthy of military suppression.
 
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D

Deleted member 221201

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Basically the next Democrat in office needs to create issues for the SCOTUS to pull back power. Like take Justice Thomas's RV he got from his billionaire patron and run it over with a bulldozer.
You cannot jail a SC judge

Have a White House ceremony with John Oliver handing the keys to another rv to Thomas and telling him to f*** off
 
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Tam-Lin

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Every day I read these articles from abroad and wonder when American citizens are actually going to do something. For now everyone seems content to yap online and continue ignoring the slide.

Watching a democracy die in real-time has been extremely sad.
What exactly are you expecting? A number of institutions that should be pushing back against the Trump administration aren't, but there's a massive amount of pushback happening. People following ICE around blowing whistles is doing something. Filing lawsuits is doing something. Attending No Kings protests is doing something. Writing letters to the editor is doing something. Leaking information to the press is doing something. Courts saying that the administration can no longer be trusted is doing something.

It's not fast. It's not violent. But it's something. Maybe it will be enough, maybe it won't. Best case, we'll be picking up the pieces for decades. Hundreds of thousands of people around the world who didn't need to have and will die. I don't want to sugarcoat what's happening, but there is a lot of opposition to the administration.
 
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Unknowable

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Reps got the Senate, the House, presidency AND the Supreme court.

If you guys don't get the midterms under your belt... fucked and you - would be an understatement.

Not sure what you can do about the SC though, it's my understanding that till someone kicks the bucket there, you're stuck with the same players...
Funny thing is, Congress is supposed to be the most powerful branch, because it can set the number of members in SC, create entire departments, and impeach anybody that gets too far out of line. So, in theory, assuming a blue wave (And the Democrats finding their spines they lost after letting Trump siccing a literal fucking lynch mob after Congress slide.) they can add a bunch of new, not blatantly evil Justices, create a bunch of independent agencies to wrest back control, and impeach Trump, Roberts et. al. for being openly corrupt.

But that's assuming things don't collapse by then, or that they'll actually try....
 
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Sajuuk

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I have said it before and will say it again. The Supreme Court is a failed institution that has been seized by capital. It will fail to make decisions in benefit of the people when decisions that benefit the oligarchs can be made.
To play the pedant, this is actually the SCOTUS returning to their true form that existed prior to FDR scaring the shit out of them. They're a failed institution for the little people, but the institution was never meant to help such people.
 
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You cannot jail a SC judge

Have a White House ceremony with John Oliver handing the keys to another rv to Thomas and telling him to f*** off
You cannot jail a SC judge for now.

That can change. Hell, I'm surprised The Fascist hasn't figured this out by now and replaced the other three SC judges that aren't actively fellating him.
 
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35 (38 / -3)
The Supreme Court has shown over and over again it dgaf about precedent. It's just another yes man for the orange one.
These six care about precedent when it suits them. They've long since demonstrated that their "ideology" is a farce, along with the "movement" behind them.
 
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Szechwan

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63
What exactly are you expecting? A number of institutions that should be pushing back against the Trump administration aren't, but there's a massive amount of pushback happening. People following ICE around blowing whistles is doing something. Filing lawsuits is doing something. Attending No Kings protests is doing something. Writing letters to the editor is doing something. Leaking information to the press is doing something. Courts saying that the administration can no longer be trusted is doing something.

It's not fast. It's not violent. But it's something. Maybe it will be enough, maybe it won't. Best case, we'll be picking up the pieces for decades. Hundreds of thousands of people around the world who didn't need to have and will die. I don't want to sugarcoat what's happening, but there is a lot of opposition to the administration..
I don't know, something that that actually rattles cages, like a general strike? All those things are better than nothing but the Administration does not give a single shit about any of it, if anything they're just just happy to have more excuses to crack down on protesters.

At least with a general strike you'd be hitting their donors pocketbooks, which might actually move the needle.
 
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