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Zaktor ,

It wasn’t entirely about the rights to review, but also about their impotence to do more than just talk. The balance of powers isn’t just that Congress can impeach, but also that they can write laws that address the Court’s arguments directly and the executive can just tell them “no”. But we’ve let them just be the final arbiter of law with no response from either other body, so they’re now just unelected super-legislators.

When the court is embroiled in corruption scandals and abandoning precedent to strip rights from citizens, the other executive institutions in the country shouldn’t just be acquiescing to their demands. Instead we get “you may be unethical and corrupt, and firing off society shaking reinterpretations to settled law, but thems the breaks”.

Tiptoeing into calling their adherence to the rule of law into question is moving in the right direction, but very slowly. Maybe that’s the right way to do it, but I don’t really trust that it’s not just a misplaced belief in the system to work itself out so moderates don’t have to actually do anything that might be scary.

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