this post was submitted on 02 Dec 2023
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politics

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[–] [email protected] 87 points 11 months ago (2 children)

Seeing that from outside the USA it's completely baffling that judges need to declare the party they root for (what if they vote for an independent candidate? 🤔) and that it's expected of them to show personal bias in their ruling instead of... You know... Acting like judges that are there to impartially apply the rule of law?

[–] [email protected] 35 points 11 months ago (2 children)

You have to have elected judges, judges appointed by a politician, or judges appointed by a non-politician (like a board of other judges). There are pros and cons to each, this is not one of the problems that the US has which are solved in the rest of the Western world.

[–] [email protected] 35 points 11 months ago (2 children)

You'll never completely eliminate all possible bias from human beings serving on a nation's highest court, but out of the things that could be done, the United States is doing exactly nothing.

[–] [email protected] 5 points 11 months ago (1 children)

After first trying every other option, we always do the right thing!

[–] [email protected] 4 points 11 months ago (1 children)
[–] [email protected] 10 points 11 months ago (1 children)

We’re still on that first bit

[–] [email protected] 3 points 11 months ago

Haha this got me good, and with a mouthful of coffee to boot

[–] [email protected] 5 points 11 months ago

less than that, actually.

[–] [email protected] 11 points 11 months ago (1 children)

Well, looking at how partisan the supreme Court is it clearly is a problem in the USA that doesn't seem to affect its northern neighbor...

[–] [email protected] 5 points 11 months ago (1 children)

Judges on the Canadian Supreme Court are similarly appointed by the executive (they just have a Prime Minister instead of a President) so that isn't the problem.

[–] [email protected] 1 points 11 months ago* (last edited 11 months ago) (2 children)

You're missing the point, Canadian judges don't have to tell which party they support so there's no expectation from them and it's much harder to make a call before the case begins what the judges' opinion will be even if they've been put in place by a specific party.

[–] [email protected] 4 points 11 months ago

American Supreme Court justices don't have to tell which party they support either.

[–] [email protected] -4 points 11 months ago (1 children)

yes because they bend to the whim of the executive/legislature

[–] [email protected] 3 points 11 months ago (1 children)

Not really, it happens pretty often that the supreme court rules against what would be the wish of the government and it's pretty sad that a Canadian would believe otherwise.

[–] [email protected] 0 points 11 months ago (1 children)

supreme court rules against what would be the wish of the government

Can you site an example of that? I mean where the supreme court rules that the legislature can't do something that it tried to do. Not just the executive excercising power it doesn't have. From my understanding, in the Canadian system the legislature effectively has absolute power as it is the directly elected body and meant to represent the will of the people.

[–] [email protected] -1 points 11 months ago* (last edited 11 months ago)

How about one from just a month and a half ago?

https://www.cbc.ca/news/canada/calgary/bakx-scoc-ruling-1.6995962

And their multiple rulings on minimum sentences and sentences adding up (like in the USA) and so on...

[–] [email protected] 17 points 11 months ago (1 children)

It's because judges are appointed by the executive branch. So, if they don't tell the president or governor which party they're with they might not get appointed. It's a fucked up system and could potentially lead to authoritarianism.

[–] [email protected] 4 points 11 months ago (1 children)

They should make a law that it is illegal to require a judge to state their political affiliation. If a judge is considered for a higer court their record should be used to determine their suitability.

[–] [email protected] 4 points 11 months ago

Judges simply shouldn't be nominated by one single person, particularly if that person is the de facto leader of his political party. And confirmation of judges simply shouldn't be possible purely based on how many seats that same party holds in the Senate and, in a worst case scenario, without any kind of bipartisanship purely along party lines.

Because that essentially means that Supreme Court judges are nominated and confirmed by the political parties.

Apart from maybe a president being able to single-handed determining Supreme Court judges, almost any other system would be better. Including - as shitty as that would be - direct election of Supreme Court judges by the entire electorate.

[–] [email protected] 55 points 11 months ago

It couldn’t happen to a shittier person.

[–] [email protected] 48 points 11 months ago (3 children)

He's repeatedly shown that he's willing to throw even close allies under the bus, not even for cause, but just to distract or get himself back in the news. Even if he put you in office and/or you've supported him in the past, he's made it increasingly clear to judges and everyone else that it's not worth tying their career and livelihood to protecting him. His well poisoning is not just ridiculously public; his toxic behavior has become impossible to ignore even to the most self serving and delusional of would be allies.

[–] [email protected] 9 points 11 months ago (1 children)

I agree with you, but I just wish you threw in a few notable examples for people that might stumble on this comment and not believe it or just not be aware of it. I'll throw in two pieces of shit he famously fucked: Gulliani and Cohen.

[–] [email protected] 5 points 11 months ago* (last edited 11 months ago)

Also Kevin McCarthy. And Chris Christie. And Rex Tillerson. And Omarosa. And Steve Bannon. And Scramucci. And Reince Priebus. And Mike Pence. And Michael Flynn. And John Kelly. And Sebastian Gorka. And John Bolton.

There are literally hundreds of people who swore allegiance to Trump, only to be thrown under the bus.

[–] [email protected] 6 points 11 months ago

Think of it this way; he had a lottery where the winner got to have dinner with the President and First Lady at the White House. In more than four years there was never a single MAGoo invited to the White House.

His people don't care. He's their man, and they'll follow him to the gates of Hell

[–] [email protected] 25 points 11 months ago (3 children)

They've been ruling against him from the beginning. I'm always puzzled that people seem to think the judges are his allies or owe him anything. Once they're on the bench he has zero power over them.

[–] [email protected] 2 points 11 months ago

For many he is (seen as) their path to promotion — and that is substantial power.

It’s only the Supreme Court where he doesn’t have any power. And there we have seen ample proof that corruption and greed for money or social standing can drive their decisions.

[–] [email protected] 1 points 11 months ago

It's really about the power Trump has over the oligarchs that adopt judges to sway their opinions with lavish gifts.

[–] [email protected] 18 points 11 months ago (1 children)

Yet somehow (according to him) it’s always Biden and Dem appointed judges that are doing hit jobs and unfair rulings.

[–] [email protected] 5 points 11 months ago

That's because every single person who slights him even the tiniest bit was obviously always his enemy, and he obviously always knew this. Probably a RINO, a secret Democrat, a stealthy undercover deep state fake Republican. Very bad person, could not be trusted, in fact Trump barely knew them, they begged him for the job, but they simply weren't up to it.

Even if he praised that same person to high heaven just the day before.

Evidence: the 263 people he hired and fired in the last administration (with the firing usually done via Twitter, when they were far away from wherever he was tweeting from).

[–] [email protected] 14 points 11 months ago

He worked really hard to behave so egregiously and unjustifiably that even his appointed cronies won't tie themselves to his sinking ship.

[–] [email protected] 10 points 11 months ago (1 children)

They were never “his” Judges, at least not in the way that hysterical online media wanted people to believe.

[–] [email protected] 20 points 11 months ago

*cough*Aileen Cannon*cough*

[–] [email protected] 8 points 11 months ago

Trump just thinks he knows everything. He figured if he appointed his own picks, he'll never be held accountable. The problem is that since he loves indulging in second bowls of his own shit and sniffing the farts that come with them. He didn't think that the people he appointed, are functioning on their own while playing up to allying with him.

And so judge after judge and associate work against him and he has the biggest pikachu shocked face of them all.

[–] [email protected] 6 points 11 months ago
[–] [email protected] 5 points 11 months ago

This is the best summary I could come up with:


A federal appeals court on Friday rejected Trump's efforts to claim presidential immunity from civil lawsuits against him for his alleged role in the January 6, 2021, riot at the U.S. Capitol, at least for now.

"The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints," the three-judge panel wrote in a 3-0 ruling.

In July, Trump lost the $475 million defamation lawsuit he brought against CNN after Judge Raag Singhal, who was appointed to the U.S. District Court for the Southern District of Florida by Trump in 2019, ruled that the use of the phrase "the Big Lie" was opinion and not factual, thus failing to meet the standard for defamation.

Trump was also shut down by some of his own appointees in December 2022, when a federal appeals court in Florida overturned a decision that blocked the Justice Department from using the documents discovered during the Mar-a-Lago raid.

"In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal."

"The immunity question thus turns on whether President Trump made the January 6 speech in an official or private capacity," Katsas wrote.


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