# The winds of change at the Supreme Court

**URL:** <https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012>\
**Category:** Great Debates\
**Created:** [April 7, 2017, 9:32pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012 "2017-04-07T21:32:49Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [April 8, 2017, 9:12pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/21 "2017-04-08T21:12:52Z")

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Prepare to be dragged, kicking and screaming, back into the 18th century. Because, you know, the '50s were so very awesome.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [April 8, 2017, 9:19pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/22 "2017-04-08T21:19:38Z")

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> [@eschereal](#):
>
> Prepare to be dragged, kicking and screaming, back into the 18th century. Because, you know, the '50s were so very awesome.

Would you care to offer a set of specific, verifiable, falsifiable predictions?

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [April 8, 2017, 9:58pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/23 "2017-04-08T21:58:05Z")

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Not at this time. I will predict stuff after it happens.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [April 8, 2017, 10:09pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/24 "2017-04-08T22:09:21Z")

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> [@eschereal](#):
>
> Not at this time. I will predict stuff after it happens.

Then, when you say “Prepare to be dragged, kicking and screaming, back into the 18th century,” what specifically do you mean?

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [April 8, 2017, 10:11pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/25 "2017-04-08T22:11:50Z")

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> [@Silver\_lining](#):
>
> Trump if he’s re-elected will appoint at least 2 justices, with a chance for four.

Right now it’s early to tell if Trump will finish his first term without being impeached, let alone get re-elected.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [April 8, 2017, 10:19pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/26 "2017-04-08T22:19:31Z")

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> [@Bricker](#):
>
> Then, when you say “Prepare to be dragged, kicking and screaming, back into the 18th century,” what specifically do you mean?

Gerrymandering upheld, abortion thrown back to the states, no equal protection for minorities and women, and church/state intermingling given full dominionist approval.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [April 8, 2017, 11:11pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/27 "2017-04-08T23:11:36Z")

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> [@Trinopus](#):
>
> Gerrymandering upheld, abortion thrown back to the states, no equal protection for minorities and women, and church/state intermingling given full dominionist approval.

Which of these outcomes are you predicting will happen? And specifically, are you predicting that the state of the law will change? In other words, we already have gerrymandering. What, specifically, do you say will happen?

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [April 8, 2017, 11:56pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/28 "2017-04-08T23:56:09Z")

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It should be noted that Gorsuch will almost certainly not pull the court any more rightward than Scalia already was, and it is very possible that he will upset the chemistry of the court enough that it may slide a little leftward (as I understand it, Scalia was a funny guy, if Gorsuch is not as well liked, he might push Roberts and Kennedy less to the right). However, if one or two of the more moderate justices get replaced through this R Senate, decisions might become more ideological as opposed to reasoned.

Society in general is moving on a certain vector; if the court becomes a contrarian influence to the broader way our mores are changing, the court could begin to lose respect from the majority of citizens, which would be a path toward real instability in the country.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 9, 2017, 12:05am UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/29 "2017-04-09T00:05:57Z")

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If only there were a way to change laws without involving the courts. But alas…

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [April 9, 2017, 12:45am UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/30 "2017-04-09T00:45:44Z")

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> [@Bricker](#):
>
> Which of these outcomes are you predicting will happen? And specifically, are you predicting that the state of the law will change? In other words, we already have gerrymandering. What, specifically, do you say will happen?

Not actually predicting anything, but dreading all of the above.

I fear that challenges against gerrymandering will not succeed, preserving the injustices seen in the practice. I also worry certain states will resume the experiment of voter suppression.

Things are going to get very bad for those of us who believe in individual liberties and equal justice, and very good for those who want to impose religious values in schools at public expense. (That _is_ a prediction.)

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**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\
**Post date:** [April 9, 2017, 9:17am UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/31 "2017-04-09T09:17:50Z")

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> [@John\_Mace](#):
>
> If only there were a way to change laws without involving the courts. But alas…

Alas, between gerrymandering, the _bizarre_ undemocratic contortions of the senate, and the fact that having well over half the country on your side doesn’t fucking count if they’re concentrated in certain areas (even if those areas are the major centers of culture and commerce), the fact that the party which benefits most from both of those things insists on doing _fucking nothing_ and is fundamentally incapable of governing effectively, it turns out that, barring either politicide (or the considerably less likely situation where Johnny Wifebeater and Barefoot Jenny stop going to the same polluted, insane well for all their news), the US is pretty much completely fucked for the next foreseeable future.

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 9, 2017, 10:07am UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/32 "2017-04-09T10:07:42Z")

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I’d have thought Thomas would retire now that Trump can nominate his successor.

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**Author:** ![Silver\_lining](https://avatars.discourse-cdn.com/v4/letter/s/aca169/32.png) [@Silver\_lining](https://boards.straightdope.com/u/Silver_lining)\
**Post date:** [April 9, 2017, 12:52pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/33 "2017-04-09T12:52:23Z")

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> [@eschereal](#):
>
> Prepare to be dragged, kicking and screaming, back into the 18th century. Because, you know, the '50s were so very awesome.

I wasn’t alive then, but I know plenty who were and speak fondly of the times.

Back then one person could work and support a family of four.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 9, 2017, 1:12pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/34 "2017-04-09T13:12:50Z")

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> [@Budget\_Player\_Cadet](#):
>
> Alas, between gerrymandering, the _bizarre_ undemocratic contortions of the senate, and the fact that having well over half the country on your side doesn’t fucking count if they’re concentrated in certain areas (even if those areas are the major centers of culture and commerce), the fact that the party which benefits most from both of those things insists on doing _fucking nothing_ and is fundamentally incapable of governing effectively, it turns out that, barring either politicide (or the considerably less likely situation where Johnny Wifebeater and Barefoot Jenny stop going to the same polluted, insane well for all their news), the US is pretty much completely fucked for the next foreseeable future.

Try Federalism. You might like it.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [April 9, 2017, 1:17pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/35 "2017-04-09T13:17:54Z")

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> [@Silver\_lining](#):
>
> They were the old rules of the senate, the Democrats changes it first, correct?  
> …

You conveniently skipped over WHY they did. Or have your forgotten? False equivalence at its finest.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [April 9, 2017, 3:38pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/36 "2017-04-09T15:38:49Z")

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Hey, John! Google “more people voted for Democratic representatives”, peruse the news about how more people voted for Democrats to be Representatives but the makeup of the House does not reflect that. Come back and tell us how that’s all a bunch of lies. I’ll check in to see how you’re doing on that.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [April 9, 2017, 4:00pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/37 "2017-04-09T16:00:59Z")

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> [@Silver\_lining](#):
>
> I wasn’t alive then, but I know plenty who were and speak fondly of the times.
> 
> Back then one person could work and support a family of four.

If he was white and male, yes.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [April 9, 2017, 4:49pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/38 "2017-04-09T16:49:32Z")

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And he might very well feed, house and clothe any number of non-white families! Sweet watermelon and the buckwheat cake!

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 9, 2017, 5:30pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/39 "2017-04-09T17:30:00Z")

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> [@elucidator](#):
>
> Hey, John! Google “more people voted for Democratic representatives”, peruse the news about how more people voted for Democrats to be Representatives but the makeup of the House does not reflect that. Come back and tell us how that’s all a bunch of lies. I’ll check in to see how you’re doing on that.

You must have a different Google than the rest of us:

In the 2016 election for the House, the popular vote was 63,173,815 for the Rs and 61,776,554 for the Ds, and yet the Ds gained 6 seats. Something is wrong with our democracy!!

Of course, in 2014 the popular vote was 40,081,282 R; 35,624,357 D. And the Rs gained 13 seats. I guess our democracy works OK.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [April 9, 2017, 5:54pm UTC](https://boards.straightdope.com/t/the-winds-of-change-at-the-supreme-court/784012/40 "2017-04-09T17:54:52Z")

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> [@Trinopus](#):
>
> If he was white and male, yes.

Cite, please.

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