A Republic, if you can keep it.
~ Ben Franklin
Former think tank VP for Research and current NY Times contributor Will Wilkinson is pushing a new favorite idea of the Left. If you don’t like the decision of the U.S. Supreme Court, just ignore it.
Democrats have been doing that or circumventing it for some time, but they’re stepping it up.
Any time Democrats don’t get what they want, it’s an “erosion of Democratic norms” and justifies ignoring the rule of law and norms while completely changing the system.
This is what he wrote in a series of three tweets:
If SCOTUS rules on regulation without a hearing or argument, the administration should simply ignore it and state that, in the absence of a normal process judicial review, it sees the court’s judgments as advisory but not binding.
The court famously has no enforcement authority. It’s authority is based in acceptance of the court’s legitimacy. But it can’t do whatever the hell it wants however it wants and expect deference. executive ought to brush off the court’s junta-like attempts to rule by edict.
When the court behaves in a transparently political way, it deserves political pushback.
Who decides if they’re political – him?
A Professor at Georgia State named Eric Segall commented, saying he made the same case last week.
In the article he linked to the tweet, he writes:
There is one possible reform which, though rarely discussed, might work and which also has a solid foundation in American history. Perhaps it is time for the people and our elected leaders to threaten to ignore the Court when it intrudes into governmental policy where it simply does not belong. Although this suggestion sounds radical, it has a strong democratic pedigree and might be the only tool available to the American people to weaken our dysfunctional highest Court.
Segall is talking about ignoring the rule of law in favor of some random discussions on the issue over the course of our nation’s history.
The Left bypasses Congress and now they’ll bypass the Supreme Court of the United States.
PEN AND PHONE
This is the pen and phone approach of the Obama administration which is currently reconstituted in the Biden administration.
The Center for American Progress is funded by George Soros and co-founded by John Podesta. The Center laid out the 2010 blueprint for the use of executive orders, rulemaking, agency management, et al, to circumvent Congress in the organization’s definitive report, The Power of the President, Recommendations to Advance Progressive Change.
To quote Mr. Podesta, “The ability of President Obama to accomplish important change through these powers should not be underestimated.”
Everything they called for is happening now. The plan calls for the President to use rules, executive orders, agency management, and more to circumvent the other branches of government and states’ rights.
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