Generally speaking, it’s been permissible for government agencies to enact policies that specifically address past racial discrimination by that same agency. I doubt this narrow band of permissibility will extend to half-baked CRT theories about general unfairness to minorities in the legal system. Quite apart from the standard woke stupidity of acting like actions toward people now make up for or assuage past advantages/disadvantages granted to people who happen to share a supposed characteristic with the modern person, it’s going to be very hard to prove that the broad judicial discretion as to penalties for persons convicted by juries of their peers has (1) been “abused” to an actionable extent or (2) ought to be limited in a discriminatory way. On (2), it’s one thing if the legislature duly rewrites a criminal statute to narrow or reduce the allowable penalty range for EVERYBODY, but it’s quite another to say “consider lowering it for only some people.” It won’t survive SCOTUS review, though a few lucky criminals may get reduced sentences until the challenge works its way up, if the policy is in fact implemented. (I’d say that even in Commiefornia, that’s not guaranteed to happen).
The problem we’re running into is this: if leftist courts uphold leftist legislation for 11 months out of every year, with the 12th and final month being reserved for correct constitutional rule of law, then how are we not living under de facto communist rule? At some point, the Supreme Court needs to address the routine abuses of the lower courts. We can’t continue to live under a system where every decision handed down by our Supreme Court is just an invitation for the commies to get creative.
I agree fully, and unfortunately that’s just a systemic problem, no matter who is on the Supreme Court - the other “side” will always get creative with its local laws wherever it has power and the laws will last a little while, at least, since SCOTUS can’t touch them until a case comes before it that lets it rule on the general type of law at least, if not the specific law itself. My best take on how to solve the problem in the existing system is for the federal Courts of Appeals to do their jobs better. But even then those courts have known biases, same as SCOTUS: so with our current conservative SCOTUS, a liberal state within a conservative Circuit Court’s territory would quickly see a knowingly BS law struck down, but a liberal state within a liberal Circuit Court’s territory will see the law upheld until the very last challenge at SCOTUS. I expect to see a lot of BS continuing to come out of the West Coast states, for example, since the 9th Circuit is just about Communist itself and will uphold whatever SJW nonsense those states pass until SCOTUS can finally toss the nonsense out.
Generally speaking, it’s been permissible for government agencies to enact policies that specifically address past racial discrimination by that same agency. I doubt this narrow band of permissibility will extend to half-baked CRT theories about general unfairness to minorities in the legal system. Quite apart from the standard woke stupidity of acting like actions toward people now make up for or assuage past advantages/disadvantages granted to people who happen to share a supposed characteristic with the modern person, it’s going to be very hard to prove that the broad judicial discretion as to penalties for persons convicted by juries of their peers has (1) been “abused” to an actionable extent or (2) ought to be limited in a discriminatory way. On (2), it’s one thing if the legislature duly rewrites a criminal statute to narrow or reduce the allowable penalty range for EVERYBODY, but it’s quite another to say “consider lowering it for only some people.” It won’t survive SCOTUS review, though a few lucky criminals may get reduced sentences until the challenge works its way up, if the policy is in fact implemented. (I’d say that even in Commiefornia, that’s not guaranteed to happen).
The problem we’re running into is this: if leftist courts uphold leftist legislation for 11 months out of every year, with the 12th and final month being reserved for correct constitutional rule of law, then how are we not living under de facto communist rule? At some point, the Supreme Court needs to address the routine abuses of the lower courts. We can’t continue to live under a system where every decision handed down by our Supreme Court is just an invitation for the commies to get creative.
I agree fully, and unfortunately that’s just a systemic problem, no matter who is on the Supreme Court - the other “side” will always get creative with its local laws wherever it has power and the laws will last a little while, at least, since SCOTUS can’t touch them until a case comes before it that lets it rule on the general type of law at least, if not the specific law itself. My best take on how to solve the problem in the existing system is for the federal Courts of Appeals to do their jobs better. But even then those courts have known biases, same as SCOTUS: so with our current conservative SCOTUS, a liberal state within a conservative Circuit Court’s territory would quickly see a knowingly BS law struck down, but a liberal state within a liberal Circuit Court’s territory will see the law upheld until the very last challenge at SCOTUS. I expect to see a lot of BS continuing to come out of the West Coast states, for example, since the 9th Circuit is just about Communist itself and will uphold whatever SJW nonsense those states pass until SCOTUS can finally toss the nonsense out.