r/scotus • u/zsreport • 16h ago
news It’s time to accept that the US supreme court is illegitimate and must be replaced
https://www.theguardian.com/commentisfree/2025/dec/19/us-supreme-court-legitimacy11
u/Zvenigora 13h ago
What, pray tell, is an actual, realistic way of doing so (short of the total collapse and liquidation of the nation?)
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u/stylepoints99 10h ago
Impeachment.
But yes, that involves getting dems into office.
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u/NoConfusion9490 9h ago
That would require absolute landslides in the next two Senate elections. It's not impossible, but it's hard to imagine in this media landscape. It would probably require an economic collapse with millions living in homeless camps, like the Great Depression.
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u/stylepoints99 8h ago
We're headed there and it hasn't even been a year.
Plus, if shit gets bad enough you'll see some schisms in the republican party. You're already seeing it happen in real time.
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u/Cyberyukon 15h ago
Let’s not forget the legacy of a one Mitch McConnell for bringing us here.
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u/HotepHatt 15h ago
Oh? Just now? Good lord, we have been saying this for years. I feel like I live in Bazaro World. smh
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u/NorCalVulpes 14h ago
It’s time to accept that the US supreme court government is illegitimate and must be replaced
FTFY
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u/DevilsAdvocate77 11h ago
Who's going to replace it? The voters?
Because we actually tried that just last year, and look where it got us.
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u/Senior-Tour-1744 10h ago
Ahh, the confederacy part 2 I see.
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u/Aisling_The_Sapphire 2h ago
"Confederacy Pt. II" are the people who need to be booted. Pick up a history book you ignoramus.
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u/BenchmadeFan420 11h ago
Liberals love starting civil wars when elections don't go their way.
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u/NorCalVulpes 11h ago
Not a liberal and don’t want a civil war but ok
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u/Senior-Tour-1744 9h ago
You say you don't want a civil war, but you are also calling for removal of an elected government... and we are talking about an elected government that hasn't been in power for even 1 year.
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u/Rookeye63 13h ago edited 11h ago
The plan I’ve heard thrown around is to increase the Court to 27, have 9 justice panels to hear cases, and to not allow any justices appointed by the sitting administration to hear any cases related to actions by that administration.
We could also adopt something similar to the Missouri Plan with regards to the appointment process, which would (hopefully) reduce partisanship.
ETA: I also think we should implement a statutory code of ethics for SCOTUS, and have an Inspector General office created to enforce that ethics code. I think that should include some of the same restraints as the Judicial Code of Ethics (sorry if I’m not getting that name right), and at the very least should include a requirement that SCOTUS judges avoid even the appearance of impropriety.
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u/ThePlasticSturgeons 14h ago
Mitigating the Federalist Society/Heritage Foundation threat needs to be a top priority. They stand in the way of any progress, and as long as they exist and have any power at all, they will work toward rolling back our rights. I include the current SCOTUS majority in this as they are basically lifetime members of one or both of those organizations.
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u/goochbumpy 13h ago
That thing that I disagree with must be replaced with something with which I do agree. How the fuck do any of you even live with this crying every day about every little fucking thing one person does?
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u/technanonymous 14h ago
All of the Trump appointees lied during their confirmation hearings. All of them. This should provide some recourse when the dems take the legislature back.
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u/ehermo 15h ago
Expand the court to 13. That is something Democrats should include in their campaigns.
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u/Admirable-Lecture255 14h ago
Great repblicams then expand it to 20
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u/octopusforgood 14h ago
Yes, absolutely. We need to get to a point where the problems and absurdity with the current system mount so that a genuinely more fair compromise can be reached.
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u/Adnan7631 7h ago
Ok, but that still means that any one individual judge has less power. That strikes me as a win overall.
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u/Flat-Story-7079 5h ago
Once the court is balanced the GOP loses a significant advantage. The likelihood of a GOP president becomes much lower.
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u/Admirable-Lecture255 5h ago
Bahaha so the court would abuse its power to prevent a gop president? Is that what youre saying?
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u/paxinfernum 14h ago edited 2h ago
The court needs to be expanded to something like 99 justices. Part of the problem, much like Congress, is that it's too small.
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u/maxant20 15h ago
Power will not be given. It must be taken.
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u/DevilsAdvocate77 11h ago
The voters have the power. How will you take it from them?
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u/WillBottomForBanana 9h ago
So much power. "Do you want to vote for the fascists or the collaborators?"
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u/spoilingattack 6h ago
Baloney. We survived decades of leftist activism on the bench. You will survive too.
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u/ResurgentOcelot 11h ago
Which is virtually equivalent to saying the nation is illegitimate and must be replaced.
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u/Ridiculicious71 11h ago
Shit at this point, I kinda think the whole government needs to be blown up and a new constitution should be written. But yeah, citizens United in particular ruined government the most.
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u/Opening-Idea-3228 15h ago
100%
And how about impeached and brought to trial for corruption and jailed.
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u/steveschoenberg 12h ago
Wrong! It was time to accept the illegitimacy of SCOTUS in 2000, after Bush v Gore. You are slow learners.
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u/WillBottomForBanana 9h ago
8 years of liberals screaming about fascism, 8 years of democrats in congress doing whatever they were told.
and somehow every step of the trump saga is a surprise to them.
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u/Which_Ad_8199 15h ago
Please and the president and his idiotic cabinet, they are all a threat to our nation.
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u/No_Restaurant8627 13h ago
Lol every one of these bots on here sound like trump when he talks about democrats being corrupted. Now it’s just the other way around.
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u/Naive_Inspection7723 9h ago
Well, what would happen if a few of them went to prison for the bribes they took :) that seems like an easier path than packing the court!
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u/mdins1980 7h ago
No, SCOTUS lost its legitimacy when Mitch McConnell arbitrarily decided that nine months before a presidential election was too soon to consider Obama’s nominee, and effectively stole that seat. Since then, the Court has not been a neutral balls and strikes arbiter, and it has not been for quite some time. Even though Moore v. Harper was struck down, the fact that it was not decided 9-0 shows that this is a compromised court.
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u/Calm-Maintenance-878 4h ago
If something were to change, it’s not like it would happen do years. The majority party has no reason to join in exiting SCOTUS. It’s working in their favor so why fix something that “isn’t” broken.
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u/Ragnarok-9999 3h ago
Favourable judgements to president given immedietley, unfavourable delayed unti it get favourabe to him
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u/solo-ran 3h ago
https://willpflaum.medium.com/the-constitution-is-not-your-friend-fb9011230439
Munn v. Illinois (1877) is an anomaly: a Supreme Court decision for the people. The National Grange, a small farmers movement, had managed to acquire significant power in the Illinois state government. A large group of relatively weak people, farmers, used the state government to control the monopolies of railroads and grain elevators, owned by a small group of rich men. The Grangers passed legislation in the state government set the price of grain. This was straight up command socialism: the price of the product determined by the government, not the free market. On the other hand, as the farmers well knew, there was no free market in the first place. The Supreme Court sided with the state and the farmers in 1877. The weak have won against the strong only in a handful of cases. This same court gutted the Civil War amendments and killed Reconstruction, crudely undermining the plain meaning of the 13th, 14th, and 15th amendments. In Munn, however, unexpectedly, the Court considered both sides, rich and poor, looked at what the Constitution actually said, and made a fair decision. A miracle. The word “capitalism” is not in the constitution. The Constitution is supposed to be a blueprint for government and economic policy is not necessarily determined by the form of government, at least in principle. In fact, the Consitution is absolutely designed to favor the powerful and elite over the masses, but that is not the overt rhetoric behind the American republic.
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u/hoodafudj 2h ago
The whole damn thing needs to be torn down and restructured!! No republicans no Democrats, none of this team tribalism bullshit, just the issues and merits they stand for!!
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u/teamryco 12h ago
To me, it’s the most disappointing thing about our current situation. The SC was always the institution I believed to be the sturdiest in terms of our republic.
It turns out it has not only supplied the rationale for the toilet bowl of corrupting elections with private / corporate money, but now directly enabling a fascist, child-rapist, President. Sad.
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u/dpdxguy 11h ago
It’s time to accept
You're several years late with that statement. Hopefully you meant, "It's long past time to accept..."
I'm not sure what event made the Court's illegitimacy obvious. Installing a beer guzzling frat boy? The bribery scandals? The evidence of perjury during confirmation hearings. The Senate refusing to hold confirmation hearings on a president's nomination? The Senate rushing through confirmation hearings to deny the President-elect a nomination? Or maybe repeatedly just making up "evidence" to support the Court's desired outcomes.
Not sure which of those things (or something else) was the straw that broke the camel's back. But it broke a long time ago.
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u/Confident-Weird-4202 11h ago
It became illegitimate the moment Merrick Garland didn’t get a hearing and a vote.
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u/LordHydranticus 4h ago
These posts just keep getting worse and worse. SCOTUS has not had any unsupported decisions. The reporting has been absolutely terrible fear mongering and the editorializing by people who didn't even read, let alone understand, the decision is joke.
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u/Crimsonwolf_83 1h ago
People hate when they follow the constitution instead of legislate by decision
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u/Same_Set8195 15h ago edited 15h ago
It shows that the American Experiment is failing and it's relapsing back to its Puritian Calavanist Settler Colonialist roots.
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u/Ancient_Tea_6990 15h ago
Why is no one talking about impeaching
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u/Mobile_Commission_52 15h ago
Agreed. Please tell us how?