• ccunning@lemmy.world
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    6 months ago

    None of this addresses my point. There isn’t the political power to do it.

    And even if there was, the court has already essentially overturned precedent as a concept. That can’t just be rolled back without completely reworking the court, which…see my first point…

    • BuelldozerA
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      6 months ago

      There isn’t the political power to do it.

      That’s the entire problem, full stop. This wouldn’t even have gotten to SCOTUS if Congress would have held POTUS accountable via impeachment. The reason Congress didn’t is partially due to political pressure from voters but mostly because the HoR is far too small to adequately represent 300,000,000 people.

    • retrospectology@lemmy.world
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      6 months ago

      Yes, it depends up getting people out to vote, especially in mid-terms.

      Precedent is literally just a tradition that’s agreed upon, there’s nothing binding judges to adhere to it, which is why the supreme court was so easily able to ignore it.

      So in that sense it’s a double-edged sword, it’s just as easy for judges to rule by precedent as it is for them to not, it’s always been this way.