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Hot take: SCOTUS shouldn’t be relied on the do the job of Congress

Posted on 6/30/26 at 3:18 pm
Posted by weagle1999
Member since May 2025
3282 posts
Posted on 6/30/26 at 3:18 pm
In case you haven’t noticed, Congress has steadily shifted more of its responsibilities over to the Judiciary so they don’t have to make hard decisions and threaten re-election efforts.

I would add that Congress would give budget making abilities over to the courts if it could, but Congress hasn’t passed a budget in 30 years.
Posted by the808bass
The Lou
Member since Oct 2012
129225 posts
Posted on 6/30/26 at 3:18 pm to
That’s a freezing cold take.

The same people who run the Supreme Court run Congress.
Posted by Antonio Moss
The South
Member since Mar 2006
49525 posts
Posted on 6/30/26 at 3:21 pm to
100%

The result of the birthright citizenship opinion and mail-in ballot opinion are terrible for the country but probably correct interpretations of law.

The law is the problem and Congress has completely failed in addessing these issues.
Posted by Taxing Authority
Houston
Member since Feb 2010
63671 posts
Posted on 6/30/26 at 3:23 pm to
The thirst for legislating from the bench is on full display today.
This post was edited on 6/30/26 at 3:24 pm
Posted by MSMHater
Houston
Member since Oct 2008
23300 posts
Posted on 6/30/26 at 3:25 pm to
quote:

Congress has steadily shifted more of its responsibilities over to the Judiciary so they don’t have to make hard decisions and threaten re-election efforts.


Did Congress do that?

Or did Trump and Miller's EO strategy do that?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147670 posts
Posted on 6/30/26 at 3:25 pm to
quote:

100%

The result of the birthright citizenship opinion and mail-in ballot opinion are terrible for the country but probably correct interpretations of law.

The law is the problem and Congress has completely failed in addessing these issues.

If we're being consistent... we've all said we don't want judges to legislate from the bench

Here are the SCOTUS Justices saying we're not going to legislate from the bench... Congress do your job
Posted by HurricaneTiger
Coral Gables, FL
Member since Jan 2014
3242 posts
Posted on 6/30/26 at 3:26 pm to
quote:

If we're being consistent... we've all said we don't want judges to legislate from the bench Here are the SCOTUS Justices saying we're not going to legislate from the bench... Congress do your job


While this is true, I want the bench to revert legislation from the bench. Just like Roe v. Wade being overturned. Unscrew the things they screwed.
This post was edited on 6/30/26 at 3:28 pm
Posted by theballguy
HSV (Dealing only in satire)
Member since Oct 2011
38840 posts
Posted on 6/30/26 at 3:26 pm to
quote:

shouldn’t
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14951 posts
Posted on 6/30/26 at 3:27 pm to
congress is too polarized to get 60 votes in senate to break a filibuster on anything meaningful

neither side wants the filibuster removed because both sides will get to use it.


and we will never see another amendment...... no way you get enough
in the house/senate and state legislatures to pass one these days
Posted by Antonio Moss
The South
Member since Mar 2006
49525 posts
Posted on 6/30/26 at 3:28 pm to
quote:

While this is true, I want the bench to unruly legislation from the bench. Just like Roe v. Wade being overturned. Unscrew the things they screwed.


You mean overturn Wickard v. Filburn?

We can only dream
Posted by DeBoar
Member since Jan 2024
3154 posts
Posted on 6/30/26 at 3:29 pm to
quote:

The thirst for legislating from the bench is on full display today.


Nah it’s the thirst for common sense which you don’t have.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59764 posts
Posted on 6/30/26 at 3:31 pm to
quote:

The thirst for legislating from the bench is on full display today.


I read it the opposite way. More like SCOTUS telling Congress "you have to do your fricking job, not pawn it off on others."
Posted by udtiger
Over your left shoulder
Member since Nov 2006
116163 posts
Posted on 6/30/26 at 3:31 pm to
Congress has ceded its authority to the Executive and Judiciary.

Executive issues EOs to do what Congress refuses to address, Judiciary overturns it, Congress still does nothing.

Somethings gotta give and it likely will be the Executive ignoring the judiciary or else there will be completely paralysis of the government.

Posted by Taxing Authority
Houston
Member since Feb 2010
63671 posts
Posted on 6/30/26 at 3:32 pm to
quote:

congress is too polarized to get 60 votes in senate to break a filibuster on anything meaningful

One branch’s incompetence doesn’t mean the others get to take over their powers. If so Congress would simply declare the president incompetent, and assume his separated powers. There’s a reason impeachment requires a crime, not simply “incompetence”.
Posted by Brosef Stalin
Member since Dec 2011
42414 posts
Posted on 6/30/26 at 3:35 pm to
quote:

Congress has steadily shifted more of its responsibilities over to the Judiciary

I'd say they shifted most of their duties over to the president. Not just on border but war and several other issues. Biden took the approach of just signing whatever EOs came across his desk knowing it would take months to work its way through the courts and the damage would already be done if it was overturned. Trump can't do this because everything gets blocked immediately by a lower court. The point still stands though that Congress is lazy and needs to do their job.
Posted by HurricaneTiger
Coral Gables, FL
Member since Jan 2014
3242 posts
Posted on 6/30/26 at 3:46 pm to
quote:

You mean overturn Wickard v. Filburn? We can only dream


Baby steps, but absolutely.
This post was edited on 6/30/26 at 3:47 pm
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147670 posts
Posted on 6/30/26 at 3:48 pm to
quote:

While this is true, I want the bench to revert legislation from the bench. Just like Roe v. Wade being overturned. Unscrew the things they screwed.

Agreed... and the current Justices have shown that they will overturn bad precedent from previous SCOTUS cases

They just need to get cases challenging those bad precedents up there
Posted by SquatchDawg
Cohutta Wilderness
Member since Sep 2012
20378 posts
Posted on 6/30/26 at 3:48 pm to
Reforming immigration law should have started on day 1 to fill in the loopholes that the Biden Admin left.

Birthright Citizenship can be fixed in ways other than amending the the Constitution.
Posted by weagle1999
Member since May 2025
3282 posts
Posted on 6/30/26 at 3:49 pm to
quote:

Reforming immigration law


Sadly I think both parties want them here.

Your local GOP voting developer or farmer? He wants cheap labor.
Posted by papasmurf1269
Hells Pass
Member since Apr 2005
21457 posts
Posted on 6/30/26 at 3:52 pm to
And in my opinion, you’re right. Congress needs to get off their arse make some laws to protect the borders of this country.

But we all know they won’t
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