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The Supreme Court does not make policy, at most it stops other branches from making certain kind of policies, when presented an opportunity to do so when resolv
by butlerm 5y ago
The Supreme Court does not make policy, at most it stops other branches from making certain kind of policies, when presented an opportunity to do so when resolving an actual case or controversy.
- drocer88 5y ago"does not" or "should not" ?
- monocasa 5y agoStopping certain forms of policy and not others is a way to make policy.
- ipaddr 5y agoShape policy but not make policy.
- monocasa 5y agoShaping policy is making policy, practically.
- ipaddr 5y agoShaping material given happens at the end after the material is formed. A judge answers the question someone else asks. They can deny policy based on existing policy.
- Red_Leaves_Flyy 5y agoOur current Supreme Court is creating policy from whole cloth while entirely ignoring precedent, and the text of law as a flagrant act of partisan pandering in their recent vax || test ruling.
- monocasa 5y agoNot to mention the "states can break constitutional protections by simply paying third parties in civil suits" thing.
- gowld 5y agoSCOTUS can also roll back existing policy. The power to flip a bit is effectively power to make policy.
- duskwuff 5y agoNot autonomously. The Supreme Court can only hear cases which are brought to it -- it cannot "make policy" in the absence of a relevant case.
- whatshisface 5y agoThe SC receives an enormous number of cases most of which it declines to hear. It has a lot of authority over what is brought before it.