Senator Ron Wyden sent a letter to the wealthy conservative donor Harlan Crow’s lawyer after records showed undisclosed flights between Hawaii and New Zealand with the Supreme Court justice in 2010.
There really doesn’t seem to be any limit to the amount of bribery going on.
Unfortunately not in the way that they did. They would not have been able to have invalidated all laws blocking abortion, but they would be able to set precedent which held that cases involving abortion should be decided in favor of the abortion seeker.
So they could have decided Roe, but it would have been just the case, not the constitutional question.
This is not strictly what everyone means when they talk about ending judicial review.
Some interpret it as “the courts can only interpret the law as written, not it’s constitutionality”.
I disagree with that and think that the court naturally needs to be able to consider multiple laws that apply to a case, and the Constitution is one of those laws.
It’s the “executive branch, you can’t do that” part, where they prevent the law from being enforced. The law remains the law, and the only thing the courts can do is rule on the case.
I try to be consistent with my interpretation and extension of how things would play out, even when it’s an outcome I’m not as fond of. Worst case scenario I need to change my opinion because it leads to an outcome I find intolerable.
I’ve been reflecting on your answer and I keep returning to one point…
In your example the rule in favor of the abortion seeker. As a principled and partial matter, how do these differ from today?
Is your argument that states can and maybe should keep laws around after they’ve been ruled demonstrably against the Constitution? If so, wouldn’t justice only be granted with those with the means to appeal to SCOTUS?
Despite the possibility of tone sounding argumentative, it’s not. I think I’m missing something here and I’m trying to figure it out. Thread is old enough I suspect it’s just the two of us here anyhow.
Then does it have the ability to decide Roe?
I understand my question starts at the wrong point. I’m asking how far you’d extend your point.
Because I find it interesting and perhaps feasible.
Unfortunately not in the way that they did. They would not have been able to have invalidated all laws blocking abortion, but they would be able to set precedent which held that cases involving abortion should be decided in favor of the abortion seeker.
So they could have decided Roe, but it would have been just the case, not the constitutional question.
This is not strictly what everyone means when they talk about ending judicial review.
Some interpret it as “the courts can only interpret the law as written, not it’s constitutionality”.
I disagree with that and think that the court naturally needs to be able to consider multiple laws that apply to a case, and the Constitution is one of those laws.
It’s the “executive branch, you can’t do that” part, where they prevent the law from being enforced. The law remains the law, and the only thing the courts can do is rule on the case.
I try to be consistent with my interpretation and extension of how things would play out, even when it’s an outcome I’m not as fond of. Worst case scenario I need to change my opinion because it leads to an outcome I find intolerable.
In general I prefer a policy
I’ve been reflecting on your answer and I keep returning to one point…
In your example the rule in favor of the abortion seeker. As a principled and partial matter, how do these differ from today?
Is your argument that states can and maybe should keep laws around after they’ve been ruled demonstrably against the Constitution? If so, wouldn’t justice only be granted with those with the means to appeal to SCOTUS?
Despite the possibility of tone sounding argumentative, it’s not. I think I’m missing something here and I’m trying to figure it out. Thread is old enough I suspect it’s just the two of us here anyhow.