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Why not just ask Roberts to reconsider the Trump v. United States decision that he penned. Let's appeal to that tiny spark of humanity we saw and see if we can get it to grow.
Chief Justice John Roberts did something interesting the other day, as commented upon yesterday by Lucian Truscott: he stood up to Trump. It was the rarest form of action from anyone on the Republican side of the aisle since inauguration day. Of course this infuriated Trump, but who the hell cares about that.
This action was especially important because it came from the man that granted Trump the extra-constitutional immunity he seems to be enjoying so much.
It revealed a tiny spark of something in Roberts few if any expected to see: humanity. He saw a limit, a line being crossed and spoke out. This gives rise to more than a bit of hope that where you find a bit of humanity in Washington, even if it is just protecting one’s one turf, it is something that can be built on.
I got curious today about what would have to happen to overturn some of the most egregious decisions by this Supreme Court. I asked a question, “can the supreme court change its mind?” of Google’s AI and got this response:
Yes, the Supreme Court can change its mind and overturn previous rulings, though it’s a rare occurrence, and it can only be done by the Court itself or through a constitutional amendment.
Here’s a more detailed explanation:
Overturning Precedent: The Supreme Court has the power to overturn its own past decisions, a practice known as “overruling precedent”.
Constitutional Amendments: The only other way to alter a Supreme Court decision on a constitutional issue is through a constitutional amendment, which requires a two-thirds vote in both houses of Congress and ratification by three-quarters of the states.
Examples of Overruling:The Court has overturned precedent dozens of times, including striking down legal segregation (Brown v. Board of Education) and reversing the 1973 decision in Roe v. Wade.
Frequency: While the Supreme Court can change its mind, it does so infrequently, with only 145 constitutional precedents being overturned from 1789 to 2020.
Statutes vs. Constitution: If the Court interprets a statute, new legislative action can be taken to change the law, whereas the Court’s interpretation of the Constitution can only be changed by a constitutional amendment or a new ruling of the Court
Cornell University lists a short list of ways to change or rescind a Supreme Court ruling:
Congressional Statute. If the Supreme Court has struck down all or part of a federal statute, Congress can go back and adjust the statute to its liking. …
Constitutional Amendment. …
The Supreme Court.
With the current majority in Congress kneeling in supplication to Trump, a statute or Amendment are way off the table.
So the idea came to me today, why not just ask Roberts to reconsider the Trump v. United States decision that he penned. Appeal to that tiny spark of humanity we saw and see if we can get it to grow. So I started a Change.org petition to that effect.
Of course this is the farthest thing from a Writ of Certiorari, a formal request to the Court. But why the hell not? Why shouldn’t an extraordinary request be made of the Court from us, the people who have to endure and deal with the result of their decisions. Deep down, the Justices are people too and people want to do the right thing.
I’m appealing to all our readers to sign this and spread it. It may just be a waste of time. But who knows? Maybe not. To me, not trying something seems worse. When you can at least take one small action, any action against an oppressive situation, it becomes that much less oppressive.
Bottom line: you never get what you don’t ask for.
Marty Kassowitz is co-founder of Factkeepers. As founder of Interest Factory and View360, he brings more than 30 years experience in effective online communications, social media management, and platform development to the site. He is a writer, designer, editor and long time observer of the ill-logic demonstrated by too many members of the species known as Mankind. After a long history of somewhat private commentary on a subject he totally hates: politics, Marty was encouraged to build this site and put up his own analyses as well as curate relevant content from other sources.
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