(June 23, 2016 at 12:08 pm)Lek Wrote:(June 23, 2016 at 12:03 pm)Brian37 Wrote: Now that the court is 4-4. In a split, yes it is normal for the lower court to stand.
But I fucking hate this notion that means "forever". No, it merely means for now. If you study SCOTUS history, because each president nominates SCOTUS members, over time future courts have overturned prior SCOTUS rulings.
It also the bullshit right wingers thought about the "under God" case that SCOTUS threw out with Newdow. They were not saying "it stays in forever", they threw it out because Newdow technically didn't have enough legal custody to bring the case up on behalf of his kid.
Our three branch system isn't one that remains stagnant and never allows for long term change. What is causing our current deadlock with a 4-4 court is again, not based on the Constitutional right of a President to nominate, but the obstruction of basically what amounts to sore losers.
How about the fact that the constitution doesn't allow the president to enact laws on his own?
UGGGGGGG........
Executive orders are part of the constitution. Our founders were wise enough to understand that all three branches were a system of checks and balances. It is bullshit to claim that executive orders are absolute power, because the SCOTUS can act as a check on any one of them at any time which they did today on immigration. But even the Supreme Court doesn't have absolute power because they can be reversed by future courts, and every Judge regardless has to be vetted by Congress before getting the seat.
Obama lost on this case, but only because the rules state in a tie, the lower court ruling is upheld. It does not negate a future case being brought.
No tyranny involved. If Obama were acting on his own nobody would be allowed to use the courts to challenge him.
The lack of civics education in this country is astounding.
But, if you want to worry about someone destroying it you should worry about Trump.
