Problem summary

The Citizens United decision is one of the worst in the entire history of SCOTUS. This forum is for discussions of how to get this reversed.
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Bryan Kelly
Posts: 11
Joined: Fri Dec 22, 2023 7:04 pm

Problem summary

Post by Bryan Kelly »

Citizens United is a truly bad decision by the Supreme Court. This site:
https://www.findlaw.com/legalblogs/supr ... -all-time/
provides its list of worst decisions and Citizens United is at the end.
This site: https://time.com/4056051/worst-supreme-court-decisions/ lists it but does not really rank it.
Citizens United is not at the top of most lists, but I consider it one of the worst.
There is a major problem with Supreme Court errors. A problem embedded in the Constitution. There is no explicit check and balance on the court.

Of the checks and balances discussed in the Federalist papers, a major concept is that it does not have the ability to legislate. At least not in theory. However, it does have authority to overturn legislation. That is effectively the authority to legislate. This authority is not specifically delegated to it, the Court decided that it had that authority. It simple decided to rule that it had such authority. And that ruling has not been challenged.

The Court does not have authority to enforce its decisions. This is a much more difficult problem to discuss, much less take action on.

The biggest problem is what to do when the Court makes a bad decision. Impeachment and removal, in today's climate, is not viable at all. And really, is not a valid tool to use because someone made an error or has an unsupportable opinion. Something better is sorely needed.
There are two questions here.

What can or should be done when the Supreme Court decides badly?
What can be done about Citizens United?

I will be posting more on my web site about SCOTUS. Meanwhile, visitors are invited to join and provide your comments and suggestions.
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