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Posted on Nov 10, 2016
What will happen now with the supreme court? Do you think some cases such as Roe v Wade will be reversed? What are your thoughts?
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Supreme Court
Supreme Court
Posted 9 y ago
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It will be very interesting to see who Trump selects. He will have to be very careful. Remember what happened when they had judge Warren selected. He went the opposite way. One woman on the court said she would resign if Trump was elected. Well, madam, he was elected.
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That's up to the politicians on the Bench. We have no say in the matter. I still don't know when the Supreme Court became law makers instead of law keepers.
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SPC Kevin Ford
Since the founding of the country. We are a common law legal system and always have been.
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Cadet PVT (Join to see)
quite early actually in 1802 with the supreme court case marubury vs Madison. The supreme court has the unofficial power to modify or declare a law constitutional. It is up the executive branch whether or not it wants to enforce the supreme courts decision. I hoped that helped you a bit. Just remember Marbury v Madison very very important.
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SPC Douglas Bolton
I think PO1 Jim Spencer may have been referring to the making up new laws, and not making decisions on older laws. In my opinion they have over stepped their boundaries on some issues.
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Excellent question. I believe that rather than answer you, I'm going to point you in the direction of an excellent, free on line series of lectures that explain a lot about the Supreme Court, its decisions and its workings, and let you answer for yourself.
https://online.hillsdale.edu/courses/supreme-court/lecture-1?utm_campaign=publicpolicy&utm_source=hs_automation&utm_medium=email&utm_content=34907605&_hsenc=p2ANqtz-8xMOMbeI58kB9sbjpIyviJFrgDD0CFC_YTQYPbPtLrfnrMAs2D7yxJ_tq35eLCn6z4Xv3hdtGW_1I6bQBRGyfa09kmOg&_hsmi=34907605
https://online.hillsdale.edu/courses/supreme-court/lecture-1?utm_campaign=publicpolicy&utm_source=hs_automation&utm_medium=email&utm_content=34907605&_hsenc=p2ANqtz-8xMOMbeI58kB9sbjpIyviJFrgDD0CFC_YTQYPbPtLrfnrMAs2D7yxJ_tq35eLCn6z4Xv3hdtGW_1I6bQBRGyfa09kmOg&_hsmi=34907605
Supreme Court Lecture 1 - Hillsdale College Online Courses
The judiciary is able to maintain its independence from the legislative and executive branches primarily by means of life tenure during good behavior. This independence makes it possible for the judiciary to declare laws unconstitutional. However, the power of judicial review does not make the courts superior to the other branches, which have an equal obligation to interpret and uphold the Constitution.
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The SCOTUS is loath to outright reverse previous decisions, but if the court becomes anti abortion enough they will likely allow more restrictions around it. I'm not sure how anti abortion Trump is though so that may impact his nominees.
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Trump isn't going to go after Roe v. Wade or LBGT, and I don't believe the SCOTUS will either.
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I have serious doubts that many if any court decisions will be reversed.... had Hillary won there would have been at least two reversed almost immediately after she got her judges seated... (Citizens United and Heller vs DC) But the constitution should be safe for now....
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I am praying for Judges who will not legislate from the Bench, uphold the constitution and not attack it, and someone with common since and not a blind progressive out to make a point and empress a specific segment of the population...
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