Saturday, June 29, 2024

The Lochner-II Court

From about the end of the Great War to about halfway into the Great Depression, the Supreme Court was on a right-wing ideological tear, from trying to make unions illegal to invalidating every move made to amerliorate the Great Depression. It was known as the "Lochner Court", from one of the more notoriously decisions that invalidated an attempt to regulate working conditions. (The era ended when the Court caved on programs to combat the Great Depression under a threat of court-packing.)

The Lochner Court is, to this day, regarded as one of the worst since the Taney Court (Dred Scott, among others). But it seems to me that this current Court is embarked on a similar ideological rip, viewing matters not through a lens of the law or precedent, but what best suits the ideology of at least five of the "conservative" justices. Which is why they're figuring out how to overturn Griswold v. CT, Obergefell v. Hodges and probably Loving v. VA. (I suspect that if they could figure out a way to invalidate the Thirteenth Amendment, they would.)

What would you think that historians are going to call this pack of ideological thugs in black robes? "The Thomas Court" overstates his influence, "the Roberts Court" overstates his leadership.

I think callling them "The Dobbs Court" will suffice. Your thoughts?

And the way that the Lochner Court was dealt with should have been instructive in 2021. It's too late now, unless Biden wins re-election.

12 comments:

  1. The #1 priority is replacing Joe. This is DEFCON 4. A great prospect is James Stavaridis, Admiral, US Navy (retired). Please everyone, join me in pleading with him to run. He actually (well, his people) replied to my email and said “Ya never know … stay tuned” HOPE! There’s hope people. Contact info is:

    James Stavridis, PhD
    Admiral, US Navy (Retired)

    Vice Chairman, Global Affairs of The Carlyle Group
    Chair of the Board of Trustees, the Rockefeller Foundation

    Supreme Allied Commander at NATO, 2009-2013
    Dean, The Fletcher School of Law and Diplomacy, Tufts (2013-2018)


    Cell: 781.333.1790

    Find me online:

    Twitter: @stavridisj

    Facebook: James Stavridis

    Website: AdmiralStav.com

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  2. This comment has been removed by a blog administrator.

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  3. One comment would be sufficient. Multiple copies are not necessary.

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  4. No way in Hell. Being president is a political job, not a military one. We've had enough well-meaning amateurs (and one who was malevolent).

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  5. Now that the supremes have taken away the authority of the executive branch's bureaus to regulate things and claimed that power for themselves, when they already failed to clear their own docket before the term was over, the firehose of cases that they have no expertise or infrastructure to properly decide will most likely back up in a spectacular fashion.
    Perhaps that might be the motivation for some much needed reform.

    -Doug in Sugar Pine

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  6. Biden isn’t going anywhere. The majority of voters saw him and thought “sigh, reminds me of my grandpa, but he’s still better than the TOFF.” The political types with their pantries in a bunch are hyperventilating and over-reacting as always…see Obama’s comments. A change now would hurt rather than help. The second debate won’t occur as Trump and his handlers won’t want to risk it.

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  7. No, he's not going anywhere and the debate didn't move the needle. But it gave lots of stuff for ads, from Biden's stumbles to Felon^34's long series of lies.

    The FOFF lies about anything and everything. Any answer that he gives to any question other than "state your name" is a lie.

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  8. Doug, even better, Congress will now have to pass laws with exacting details…details that Rethugs would prefer were NOT in the laws…making it harder to lie about the results.

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  9. As I and others have been saying for years the Republicans know how to campaign and sell their snake oil but the can't govern worth a darn. The Democrats know how to run things but the don't toot their own horn very loud. But they do know how to use and pack the courts in their favor, especially Mitch McConnell. Going high when they go low doesn't necessarily win elections just gives one moral superiority. Can't ever figure out why the Democrats didn't see this coming.

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  10. LOL ~ Judge Aileen Cannon will decide if Boeing is safe to fly

    Every call for Joe to quit is a vote for Trump ...

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  11. @CenterPuke88:

    Just so. My fav vidblogger thinks that is exactly what is going to happen, although it may take a bit:

    https://youtu.be/VOO0H_2_Ys0?si=I8FcvSrVl-IgcZQ1&t=240

    If uncomfy clicking links:
    YouTube, Beau of the Fifth Column,
    vid title " Let's talk about SCOTUS, Chevron, and the GOP catching the car again.... "

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  12. Just call it what it is: "The Trump Court"
    Or, if you want to spread the shame, so much as it matters, around,
    "The Trump-Roberts-Alito-Thomas Court AKA "The TRAP Court"

    ReplyDelete

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