From the article:papajim2jordan wrote: Wed Oct 09, 2024 11:40 am Back to original matter? Party pooper.
As to legitimacy of The Court, here's a somewhat wordy but fun as heck read from On High.
https://harvardlawreview.org/print/vol- ... y-dilemma/
I agree that the Court has no army and must rely on others "obeying" their dictates. Thus, "legitimacy is for losers." This is why we have guns, and why liberals must let conservatives know that two can play at that game.To understand the tension between sociological and legal legitimacy, we need a better grasp of the former. Why does the Supreme Court’s external legitimacy even matter? Political scientists agree: The judiciary has no army; it must rely on others to obey its decrees. Government officials and the general public are more likely to comply if they view the Court as “legitimate” — that is, as an institution that does and should have the power to affect legal rights and obligations.35 It is particularly crucial that those who disagree with a given decision view the Court as legitimate; such disappointed individuals will respect the adverse ruling if they view the institution itself as authoritative. Thus, political scientists have a refrain: “Legitimacy is for losers.”36
But what happens when the same group turns out to be the “loser” in case after case? Both political science research and history suggest that such situations are likely to be risky for the Court. Moreover, this research also suggests that the Justices can best preserve the Court’s sociological legitimacy — and ward off any attacks — by moderating their jurisprudence, at least in some cases. But as I argue below, such changes may not be legally legitimate.
The best bet is to increase the size of the SCOTUS to at least thirteen so one Justice can oversee one District. It won't happen for this election, but it's possible in a couple more election cycles as Repub after Repub is retired and put out to pasture. They have failed, and they must pay with their public jobs. They should each be forced to run a McDonald's.
CDF