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by capguy255 1509 days ago
Hand-wringing about "process" is a POLITICAL argument designed to deflect attention from substance. It's an argument that politicians make to change the topic and not an appropriate argument for the courts. Stop trying to change the topic.

And even if accepting this framing -- which "process" exactly has been undermined? Has someone suggested stripping the courts of jurisdiction for certain cases? Have the courts been defunded or had their staffers taken away? Have the number of courts been reduced or the justices circulated to another court? These are all "process" changes well within the power of the other political branches, that aren't happening here.

In short -- quit changing the topic and perhaps read the draft opinion, which waxes philosophically about the value of public debate on controversial opinions.

1 comments

Are you aware of “judicial independence”?

Are you aware of “separation of powers”?

Are you aware that no such leak has ever occurred before it interferes with judicial independence?

Are you aware that the courts job is to decide if laws are constitutional/valid and Congress’ job to actually create law?

You hand wave away “process” when the entire function of the government is based on process.

If you throw away process you throw away the entire system.

This stuff has happened before. It will happen again. I assume that you must believe that the violation of the nine person sacred debate club is far worse than any of the substantive consequences from the actual decision, right?

Specifically -- are you aware that before the Roe v. Wade decision was released in 1973, that news of the decision leaked to the Washington Post? The idea that this has "never occurred" is absurd when a) it has, b) it literally happened in the case that this will overturn.

Are you aware that there was a series of leaks during the Berger court and that everything ended up fine?

> Judicial independence, separation of powers

If the leak came from within the judiciary, how does this threaten the independence of the court?

"that news of the decision leaked"

That's not the same you realize?