Reps. Julio Gonzalez and John Koster.
Two state legislatures are considering measures that would allow lawmakers to overrule decisions by Supreme Court majorities — and one Florida Republican wants to change the U.S. Constitution to allow Congress to do the same.
In Florida, state Rep. Julio Gonzalez (R-Venice) has filed two bills that would allow the state legislature or the U.S. Congress “to override or nullify court decisions.”
House Joint Resolution 121 would allow lawmakers to undo any state court decision by a two-thirds vote for up to five years, and House Memorial 125 would permit Congress to propose a similar constitutional amendment to give themselves the power to nullify federal court decisions.
Gonzalez, an orthopedic surgeon, said the bills are necessary because judges are often unaccountable to voters and unable to decide cases without considering their practical or political impact.
“(The legislation) would curtail the tendency of activist judges to manipulate the law to suit their political views and agendas,” Gonzalez said. “Equally as important, this would force the people to engage the Legislature in enacting rectifications to current laws that they see as objectionable or flawed, restoring the natural relationship between the people and their legislative bodies. This would also force the electorate to more carefully look at their candidates and their actions during times of re-election.”
There’s that dog whistle, “activist judges”. Yes, we only want judges who will do what we want, fuck the law!
[…]
Washington is considering a similar measure that would allow lawmakers to “reject the determination of the court” by a simple majority on cases where the state’s Supreme Court rules an act unconstitutional.
State Rep. John Koster (R-Arlington Heights), one of the bill’s co-sponsors, said he supports the measure because he believes the court overstepped its authority in deciding a lawsuit on education funding.
“It’s a worthy effort to tap (judges) on the shoulder and remind them of separation of powers,” said Koster, who admits the bill might not pass.
Gonzalez identified rulings on public displays of religion — including holiday celebrations and school prayer — and laws against flag-burning as his justification for the bills.
Emphasis mine. Well, that didn’t take long, did it? There isn’t even the slightest effort to wrap this in flowery language. I wonder how long it will be before bibles and public prayer are foisted on what’s left of schools.
Via Raw Story.
At first I read it wrong, and thought that, if it comes right down to it, they would be handing ultimate decision-making power over to the federal government -- whatever happened to states’ rights? But I see I was wrong (state lawmakers vote on state decisions, Congress on federal decisions), small-to-no comfort. In any case, this just makes the selection of state Supreme Court and federal Supreme Court judges even more important……………………………………….
The only thing I can agree with is this:
… though I’m not sure if it would lead to better outcomes, because it could go either way.
Also, “remind them of separation of powers”? The dissonance, it hurts.
This is yet another step on the road to compleat fascism. What’s the point of having a court system at all, if those in power have the ability to nullify? It makes the concept of law meaningless.
Interestingly, reading some local comments on Trump’s speech (I did… I did.), there have been no few comparisons to the dramatic rhetoric of Soviet days, complete with militaristic bombast and the need to halt the degradation of the people, etc. etc. etc.
Yes. Yes, it does. I’m scared for you. For all of you.
The warning signs cannot be any clearer. Jesus fuck, people need to wake up!
Saad:
Yes, they do, but for the life of me, I can’t figure out what it’s going to take.
“It’s a worthy effort to tap (judges) on the shoulder and remind them of separation of powers,” said Koster…
Exactly right, except for the object (GOP teabaggers), the target (a bit above the shoulders), and the implement (a two-by-four, at minimum). And …
Uh, this particular (Washington state) bill dates from 1997, according to the link. John Koster no longer serves in that state legislature, and has failed in multiple runs for Congress.
The Florida insanity, of course, is right up-to-the-minute: Count on Florida for all your Demented® needs!
Pierce:
I’m sure someone will get around to dusting it off.
this is a bad thing why?