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Politics The Supreme Court is about to hit an undemocratic milestone

10:30  28 september  2020
10:30  28 september  2020 Source:   vox.com

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The Supreme Court is an undemocratic institution whose power should be carefully circumscribed. This represents a welcome turnabout from cheering the high court ’s de facto legislating, although the Left is about a half-century late to the insight that the court isn’t a democratically elected legislature.

A Supreme Court Milestone for Students’ Free Speech Rights: https When the board voted to continue the ban on armbands, the national ACLU took the case to court on behalf The court went on to affirm the freedom that young people have under the Constitution: In our system, state-operated

The confirmation of Supreme Court Justice Clarence Thomas, back in 1991, was a squeaker: 52 yeas, 48 nays — the narrowest margin in over a century.

Elena Kagan et al. wearing costumes © Whose vote counts, Explained/Netflix

The senators who voted to put him on the bench had won their most recent elections with a combined tally of 42 million votes. But the senators who voted “nay” were elected by 46 million. Thomas became the first Supreme Court justice to be confirmed by a bloc of senators who had been elected by a minority of voters.

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The Supreme Court , as well as being the final court of appeal, plays an important role in the development of United Kingdom law. As an appeal court , The Supreme Court cannot consider a case unless a relevant order has been made in a lower court .

Before the Supreme Court was created, the 12 most senior judges – the Lords of Appeal in Ordinary, or Law Lords as they were often called – sat in the House of Lords. The creation of a new Supreme Court means that the most senior judges are now entirely separate from the Parliamentary process.

Then it happened again. And again and again. The senators who confirmed Justices Samuel Alito, Neil Gorsuch, and Brett Kavanaugh received millions fewer votes than the senators who opposed their confirmations.

Ruth Bader Ginsburg’s replacement seems certain to join the ranks of these “minority justices.” Even if Trump’s nominee wins the support of every Republican senator, including moderate hold-outs like Lisa Murkowski and Susan Collins, all those senators combined received 13 million fewer votes than their colleagues across the aisle.

With this new confirmation, the Supreme Court will enter a particularly undemocratic new era. For the first time since senators were directly elected, a controlling majority of the court will have been put there by senators who most voters didn’t choose. (And of course, the last three will have been nominated by a president who lost the popular vote by nearly 3 million votes.)

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Therefore, the Supreme Court can make a ruling as was the case with Brown vs. the Board of This restricts judicial power because the courts are obligated to follow these amendments, and these 1. The federal court can be undemocratic because the justices are appointed rather than elected.

Start studying U.S. Supreme Court . Learn vocabulary, terms and more with flashcards, games and other study tools. True or false? When the Supreme Court decides not to hear a case (denies certiorari) it is saying that it agrees with the lower courts opinion and that the lower court decision

The Senate has always been one of the federal government’s least democratic institutions. Each state — big and small — gets two senators. That means Sen. Bernie Sanders of Vermont has as much say about who goes on the Supreme Court as Sen. Ted Cruz of Texas, even though Sanders represents about 600,000 people, and Cruz represents 29 million.

It also means the smallest 25 states — home to only about 15 percent of the US population — have as much power as the 25 biggest. And that’s not new; half the Senate has always represented about 15-25 percent of the population.

And yet, for most of the Senate’s history, majority rule has endured. Traditions of civility and compromise, along with self-imposed rules like the filibuster, meant that most legislation was passed by a group of senators who represented a majority of the nation. Most Supreme Court justices were confirmed by large bipartisan majorities — like Ruth Bader Ginsburg (96 yeas, 3 nays).

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The ‘ Undemocratic ’ Senate Has Not Skewed the Supreme Court to the Right. I have written before against the fashionable argument that the upper chamber is “ undemocratic ,” a conceit that relies for its heft upon a vision of the federal government that is incompatible with the Constitution as written.

How does the Supreme Court gain compliance with the decisions that it renders? is undemocratic because it gives nine unelected judges enormous power. By Embracing the concept of dual federalism throughout the nineteenth century, the Supreme Court justices.

But in the past few decades, things have changed. The nation has become more polarized, confirmation votes have become much closer, and Senate norms have been abandoned.

At the same time, Democrats are increasingly concentrated in larger states, giving the GOP a leg up in the Senate. Democrats control a majority of seats (26-24) in the 25 most populous states. Republicans however, have a much larger majority (29-21) in the 25 least populous states. Back in 1980, the average Republican voter had 6 percent more power in the Senate than the average Democratic voter. That advantage has grown to 14 percent.

chart © Whose vote counts, Explained/Netflix

This imbalanced Senate has created the least democratic Supreme Court in modern history.


Video: Biden slams Trump, urges Senate to hold up Supreme Court nomination (The Washington Post)

Fact check: Ginsburg cared for her young child, sick husband while excelling in law school .
A viral meme correctly describes how Ruth Bader Ginsburg cared for her young daughter and sick husband while excelling in law school.Why Trump’s taxes don’t prove he is a ‘smart businessman’ as his defenders say

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This is interesting!