this post was submitted on 23 Jul 2024
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[–] Varyk@sh.itjust.works 273 points 1 month ago* (last edited 1 month ago) (26 children)

For anyone curious, this bill is fighting against the conservative SCOTUS decision that basically said fossil fuel and other companies don't have to listen to the EPA or follow environmental regulations if the company has a "reasonable"(undefined) argument against said regulation.

So this law should get made. Get made good.

[–] MisterFrog@lemmy.world 32 points 1 month ago (12 children)

Regulations are "unconstitutional"? Hmmmmmmm 🤔 Is SCOTUS bound by anything? Seems like they can rule however they like.

[–] Wilzax@lemmy.world 11 points 1 month ago (2 children)

SCOTUS is unchecked by the rest of the federal government. The only thing that would limit their power is a constitutional amendment, which requires 38 states to individually ratify it at the level of their state governments, not their federal congresspeople.

There is literally no way for congress to affect the supreme court once it has 9 justices, or contradict its rulings on laws they call "unconstitutional", short of impeaching supreme court justices or packing the court with more than 9 justices. Once enough of the court is full of fascists or enablers, it's EXTREMELY hard to escape fascism without a constitutional convention.

[–] Triasha@lemmy.world 10 points 1 month ago (1 children)

You could instruct the federal agencies to ignore court rulings, effectively undoing Marbury vrs Madison.

That's a constitutional crisis, but what is the court gonna do? Call the FBI? Send in the military?

You can ask the Cherokee people what the court does with an uncooperative federal government, but you won't find any in Georgia.

Maybe that's just fascism with our side in charge though.

[–] Wilzax@lemmy.world 2 points 1 month ago

Yeah unfortunately once fascism sets in there's literally no way to get rid of it without using more fascism or violence. And considering that fascism necessarily requires the threat of violence, that previous statement can be simplified to "Fascism can only be defeated with violence"

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