• xenomor@lemmy.world
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    10 months ago

    Earlier today I was writing about how we are in a full blown constitutional crisis now. Then I realized that we aren’t. The crisis is over and the Supreme Court chose to abandon the constitution. The crisis was happening before this decision was made, but very few people were aware or alarmed about it. We are now in a state where I doubt there’s any legal recourse. We’ve moved on to another stage and that terrifies me.

  • nondescripthandle@lemmy.dbzer0.com
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    10 months ago

    This is literally explicitly legalized fascism and its the law of the land right now. Even if Biden wins he needs to do something to stop this before he leaves office or the US will forever be exactly as fascist as the President decides he wants to be. It’s here now.

    • disguy_ovahea@lemmy.world
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      10 months ago

      There’s not much he can do short of ordering a crime himself. Democrats don’t have control of the House, so there no way to increase the size of SCOTUS. They were smart in ruling bribery is legal before granting immunity, or Biden would have been able to officially order the DOJ to investigate SCOTUS for corruption.

      His hands are tied unless he wants to get blood on them.

      • Queue@lemmy.blahaj.zone
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        10 months ago

        Blood on his hands from BLM protesters, Palestinians, trans people, Ukrainians who could use the support more than Israel, most Americans who don’t have enough to live with life threatening illnesses, Mexicans at the border, ignoring COVID…

        Fuck the Court. It doesn’t care about America. The penalty for teason is…?

        If you or I did anything close to what Trump and the Courts did and do on a daily basis we’d be arrested in a high security prison. Jan 6th had next to no punishment for any of the leaders.

      • gravitas_deficiency@sh.itjust.works
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        10 months ago

        Frankly? He needs to get on with that malicious compliance to graphically - and yes, in some cases violently - demonstrate why this is a terrible fucking idea. I’m genuinely not looking forward to it, but at the same time I do think it’s become absolutely necessary.

        But I sincerely doubt he will.

      • rayyy@lemmy.world
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        10 months ago

        His hands are tied unless voters give him a mandate by voting all MAGAs out of office.

      • LordGimp@lemm.ee
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        10 months ago

        That’s the funny thing. He cant commit crimes anymore. He’s immune from the law. All he needs to do is order the military to destroy the corruption in the Supreme Court using the legal doctrine known as bullets in the brainpan. Poof, problem solved. You don’t even have to kill people, just a few fascists.

      • foggy@lemmy.world
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        10 months ago

        He can pack the supreme court. Then limit it to something tangible.

        Like first, say that 2 senators per state is silly and it needs to be based on population like the house if reps. Then say that we need a supreme court justice from all 50 states + D.C. or some shit.

        Boom.

        Then term limits, age limits… Ranked choice, strict laws in gerrymandering…

        And we have a functioning Republic again.

        • disguy_ovahea@lemmy.world
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          10 months ago

          None of that is in within the power of POTUS.

          The structure of Congress is determined by The Constitution and its Amendments.

          Congress needs to pass enlarging the Supreme Court with a vote, and Republicans have House majority.

            • disguy_ovahea@lemmy.world
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              10 months ago

              There are so many misinformed people on this ruling. It doesn’t give the President more executive authority, like a king. It lets him commit crime without personal responsibility if it’s an official act.

              Yes, it’s insane and deplorable, but it doesn’t mean Biden can do anything he wants.

              If it did, he could just outlaw felons from becoming President. SCOTUS doesn’t want that.

              • PersnickityPenguin@lemm.ee
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                10 months ago

                Well, presidents can also leverage other actors to help them out. Quid pro quo, you might say.

                Unfortunately that really only tends to work in the favor of bad actors. There is no legitimate reason to have immunity for “good.”

              • ryathal@sh.itjust.works
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                10 months ago

                It really doesn’t change much. Instead of just ignoring what presidents do that might be criminal, it’s explicitly immune.

                Also this ruling doesn’t grant further immunity to others. The president can order seal team 6 to kill someone, but they’d still face charges if it wasn’t plausibly a legitimate target.

                • disguy_ovahea@lemmy.world
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                  10 months ago

                  Good point, and well made. The immunity is explicitly for POTUS. If those carrying out the act are aware they are committing a crime they could be charged accordingly.

                  It unfortunately may change a lot for Trump, depending on what judges rule to be “official acts” of his Presidency. Cannon may use this to throw out the documents case.

              • PugJesus@lemmy.world
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                10 months ago

                If it did, he could just outlaw felons from becoming President. SCOTUS doesn’t want that.

                “I have ordered the military to detain Donald Trump in a Federal max security prison and destroy all ballots marked with his name on election day. This is not a change in the laws of our great nation, this is just an act that I am ordering to be performed in my official capacity as POTUS. God bless America.”

                • azuth@sh.itjust.works
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                  10 months ago

                  And while he won’t face any charges himself the military will refuse to execute what is an obviously unlawful order.

      • Wiz@midwest.social
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        10 months ago

        It’s literally not a crime if the president does it.

        There’s lots he can do besides killing people if you are creative.

      • ashok36@lemmy.world
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        10 months ago

        Arrest the freedom Caucus and pass legislation to fix this before they can be replaced.

        • Freefall@lemmy.world
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          10 months ago

          To be fair. He just has to kill off the maga leadership. MAGAs are weak-minded followers, they will throw their impotent tantrums, then get distracted. The non-magas in the regressive party (gop) will cower then do their usual thing, hell most of them will instantly turn on maga when it has no teeth anymore. When he stops there, and normal Regressives don’t get persecuted or attacked, and the US starts getting better, they will all carry on…and McConnel, who will still somehow be alive, will say it was all his idea.

      • BigMacHole@lemm.ee
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        10 months ago

        His hands are VERY TIED unless of course he decides whatever he does is Official Presidential Actions!

        • Schadrach@lemmy.sdf.org
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          10 months ago

          If being in contact with the DOJ and VP is “official duties” and thus immune to prosecution regardless of the content of the contact, then being in contact with the CIA and asking them to “retire” some justices should be as well under more or less exactly the same line of reasoning.

        • disguy_ovahea@lemmy.world
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          10 months ago

          The ruling just absolves him from criminal activity. It doesn’t give him complete power to increase the size of SCOTUS or retire Justices. He’d have to order a hit on a Justice to leverage that ruling, and that is an act of an insane person.

          • cybervseas@lemmy.world
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            10 months ago

            How about house arrest for their “protection”? Developing countries do that all the time.

          • APassenger@lemmy.world
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            10 months ago

            I’d there were 5 justices, they’d still be functional. As proven in the past, there’s no requirement for 9.

            • disguy_ovahea@lemmy.world
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              10 months ago

              It changed size six times before settling on nine Justices in 1869. Each time it was determined by a congressional vote. It’s not up to POTUS, it’s up to Congress.

              • APassenger@lemmy.world
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                10 months ago

                It ran at 8 for quite a while. No one’s legitimately saying those decisions don’t count.

                The official number can be whatever. Congress doesn’t get to nominate. And SCOTUS would keep deciding.

                • disguy_ovahea@lemmy.world
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                  10 months ago

                  Do you understand that Congress needs to vote on the number of Justices?

                  I’m not talking about the vote on the nominee, but the actual number of Justices.

                  It is currently nine, and will remain nine, until Congress votes on a different number.

          • Doc Avid Mornington@midwest.social
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            10 months ago

            Is that an act of an insane person? It’s apparently legal, now. Do you broadly think that using violence against tyranny is insane? Our founders committed their lives and fortunes to the violent overthrow of tyranny. It would be much easier, sitting in the oval office, with legal authority granted to him by the very people he would be targeting, to authorize the extrajudicial execution of a few traitors. Do you think that extrajudicial execution is insane? Then you’ll have to admit that most presidents in the last few decades were insane, especially Obama. Is it only insane when the target is white people in power, rather than brown-skinned people overseas?

            I’m not commenting, at this time, on whether it would be moral, or wise, but insane? I can’t see how.

            • disguy_ovahea@lemmy.world
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              10 months ago

              I think it would set a very low bar for all subsequent Presidents if Biden used the new power to assassinate members of SCOTUS or Congress. The repercussions would be horrific.

              • Doc Avid Mornington@midwest.social
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                10 months ago

                I get what you’re saying, here. That’s why I specifically disclaimed making any judgement about whether it would be moral, or wise. But consider the other side of that same coin: the court did this specifically to overthrow democracy and allow Trump, or any other president who will carry out Project-2025 to use this power to maintain an effective dictatorship. There’s no other explanation for this ruling. Would using this absurd power once, now, to restore a court that is loyal to the Constitution and People of America, be worse than letting Trump get in, assassinate any and all opposition, and end democracy? Could we trust it to end there? Would Biden install justices that would immediately reverse the ruling and bring things back to normal, or just install his own loyalists? I dunno, it’s complicated.

                Ultimately, it’s also all just theoretical, anyhow. I find it almost inconceivable that Biden would do this.

              • Killing_Spark@feddit.de
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                10 months ago

                It’s not like trump is known to not stoop below any bar he sees. Holding the bar up won’t do anything

                • disguy_ovahea@lemmy.world
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                  10 months ago

                  There will likely be more presidents than just Trump. Even if he manages to become dictator, he’s old and far from fit.

          • Veneroso@lemmy.world
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            10 months ago

            So let’s say, hypothetically.

            The president thought that people shouldn’t eat chocolate ice cream. It’s anti-american.

            And “for the good of the country” anyone who eats chocolate ice cream has to be isolated from the rest of society.

            That’s not an official act. It’s not really on the periphery of official acts.

            But because definitionally, anything that, at the president’s sole discretion, is “in the best interest of the United States” is now argued as an official act.

            Biden likes vanilla ice cream.
            But he isn’t going to detain you for unamerican activities if you prefer chocolate ice cream.

            Choose freedom! Choose chocolate ice cream!

            • disguy_ovahea@lemmy.world
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              10 months ago

              You don’t understand the ruling.

              It is not giving POTUS any additional authority. It grants POTUS immunity from criminal prosecution of committing a crime related to an official act.

              Biden can now personally commit a crime and be immune from repercussions.

              Biden could personally slap the ice cream cone out of your hand and get away with it if a court ruled it to be an official act. No one else is immune from crime committed on his behalf.

              This was tailored to Trump’s insurrection charges. If SCOTUS granted POTUS more executive privilege, Biden would just overrule SCOTUS and exempt felons from presidential candidacy.

      • rozodru@lemmy.world
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        10 months ago

        in all honesty, that’s what you Americans need to do. the days of peaceful protests and marching are behind you, you missed that boat a while ago. now a ship named “Revolution” has just pulled into dock and if you’re not on that boat then there’s no more boats coming.

        Stop using the excuse of “but I need to work, I have to pay rent, I have to pay bills” because in 4 months time you might not have a job to pay those bills or rent. hell depending on if you’re a woman, LGBTQ+, liberal, black, an immigrant, etc, etc, etc you might have none of the above.

        The American people and the country as a whole are literally, currently, right now in real time dying by a thousand cuts. you’re being slowly and methodically murdered with precision and too many of you don’t realize you’re dying. Time to demand heads on pikes and if they aren’t handed to you, well you need to go out and get them.

        One way or another people are going to die. I mean I’m not going to sugar coat this, people will die.

        So the question is would you rather die laying on your back doing nothing or would you rather die saving whats left of your nation and fighting for your fellow American?

        • samus12345@lemmy.world
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          10 months ago

          Easier said than done. How could this bloody revolution ever come out in the people’s favor when the US government controls the most powerful military in the world? I want to know how everyone spouting off about taking power back by force realistically thinks it will play out.

  • BertramDitore@lemmy.world
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    10 months ago

    Not “may have,” did. They did legalize any action taken by the person holding the office of the presidency. Trump tried to have his VP killed for fucks sake. That actually happened. It’s no longer the case that everyone in America is equal under the law. The president is now legally allowed to do anything that would get the rest of us thrown in jail. This society isn’t even pretending to be equal anymore. We’re finished.

    I’m so fucking tired, and I feel like that was one of the main points of this. Dems are too exhausted and afraid of taking big actions to do anything about this, so like I said, we’re finished.

    • DessertStorms@lemmy.blahaj.zone
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      10 months ago

      It’s no longer the case that everyone in America is equal under the law.

      Is there a “never has been” version of the “always has been” meme?

      Them taking the mask off and being open about it is serious and dangerous don’t get me wrong, but lets not pretend the law is, or ever was written nor administered equally - filthy rich and powerful white men in particular have always put themselves above it.

      • BertramDitore@lemmy.world
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        10 months ago

        Nah unfortunately you’re 100% right, it has never actually been equal in practice. But at least we all could delude ourselves into thinking that we were striving towards that principle. It’s all laid bare now, and it’s fucking ugly. The fact that they’ve been actively working towards these very goals with laser focus, for decades, makes it all the worse.

        • OldWoodFrame@lemm.ee
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          10 months ago

          They remanded to the lower courts to determine that. But like it does have some implication. They definitely did not say everything the president does is an official action.

          • BertramDitore@lemmy.world
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            10 months ago

            And who gets to decide if a lower court decision stands? You guessed it, the Supreme Court. This was always going to be their ultimate decision.

            • Grandwolf319@sh.itjust.works
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              10 months ago

              So doesn’t that mean the US didn’t really ever have separation of powers? Sounds like the door to fascism wasn’t locked and we just used the honour system.

        • chakan2@lemmy.world
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          10 months ago

          Congress. Since Congress isn’t functional, that means whatever the president does is now legal.

        • WhatAmLemmy@lemmy.world
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          10 months ago

          They do, and it will only be “official” when a Republican does it. Once they control the courts, it’s game over. Nothing short of unstacking the court will avert a fascist dictatorship.

          • Schadrach@lemmy.sdf.org
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            10 months ago

            I do find it amusing that SCOTUS made a ruling that legalizes having them assassinated as an “official act” though. After all, being in contact with intelligence agencies is definitely an official act as is writing pardons, so he can always pardon the assassin(s) afterward.

      • bobs_monkey@lemm.ee
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        10 months ago

        As far as I can tell, yup. And by official, it basically means anything done while in office, so he could theoretically walk out onto Pennsylvania Avenue, spray a group of protestors holding signs with an M16, and walk back inside with no legal repercussions.

      • BertramDitore@lemmy.world
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        10 months ago

        Exactly, and that’s how this court is so tricky. By not fully defining what an “official act” is, they’re claiming the power to decide later. Because that very issue will inevitably reach them after some batshit district court ruling. So they ultimately get to decide regardless, and this court regularly makes up ahistorical and completely absurd justifications that don’t pass the smell test, so we’re doomed.

      • chakan2@lemmy.world
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        10 months ago

        Yes…any action the president takes and say it’s part of his official duties is legal.

        Biden doesn’t have the balls to do what he needs to do right now.

        The great experiment failed.

      • chakan2@lemmy.world
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        10 months ago

        AoC falls out a window in the next 4 years…I’m pretty sure there’s going to be a lot of high profile Democrats having accidents as soon as Trump gets back in the chair.

      • TimLovesTech (AuDHD)(he/him)@badatbeing.social
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        10 months ago

        I see the /s but she says she will file articles of impeachment against one member of the Supreme Court once Congress is back. And it’s about time. They should all be bogging everything down with this until the election because it’s that important.

        • empireOfLove2@lemmy.dbzer0.com
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          10 months ago

          Articles that will be immediately shot down by the Republican house majority and probably a few spoilers as well because they need to make it more obvious they want a real dictatorship.

          • TimLovesTech (AuDHD)(he/him)@badatbeing.social
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            10 months ago

            Guaranteed they do, but every member of the house that cares about democracy should bring their own. The Congress should be nothing but this until the election. Let the Republicans go on record everyday until the election denouncing democracy.

            • empireOfLove2@lemmy.dbzer0.com
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              10 months ago

              Idk where you’ve been, but they’ve been actively denouncing democracy since 2020 every chance they get. And continue to get elected by doing so.

    • Sanctus@lemmy.world
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      10 months ago

      I’m fucken angry. We need to get together. We need to protest. We need to do it relentlessly on their doorsteps until the country is in distinction from us not showing up to work. Its either that or fascism wins.

    • dactylotheca@suppo.fi
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      10 months ago

      Maybe not quite yet, but if Trump does win then Project 2025 will certainly mean that they’ll be authoritarian before you can say “well fuck”

    • 9point6@lemmy.world
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      10 months ago

      Bit past that now. From the outside, the US is looking a bit like a failed state now.

      • Foni@lemm.ee
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        10 months ago

        No, from Europe I tell you, we see you as less democratic than you used to and with many problems that can escalate and screw you up (we are not celebrating here either), but you are still far from being a failed state, there are still police more or less functional, you can still call the fire department if your house catches fire, there is still a clear institutional hierarchy, more authoritarian but clear.

        Yes, the speed at which you are flushing democracy down the toilet, when, I don’t know maybe 20 years ago, you were the example to follow in many aspects, it is surprising for everyone.

        • 9point6@lemmy.world
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          10 months ago

          I agree with a lot of what you’re saying, but I’m also in Europe and stand by my original words, they were from my perspective

          • Foni@lemm.ee
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            10 months ago

            Oh, I thought you were an American worried about how you look outside and I was trying to calm you down. I respect your perspective of course, but it seems to me that a failed state is a bit exaggerated for this, Somalia or Yemen are still a little worse than the USA in the comparison. Authoritarian, close to breaking up as a nation, things like that I think are closer to reality, that is my vision also from the outside, I could be wrong and you may be closer to reality.

            • 9point6@lemmy.world
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              10 months ago

              No that’s fair to say, there was a bit of nuance in me saying “looking a bit like a failed state” and not explicitly saying “is a failed state”—I’m more saying they’re long down the road, not necessarily there yet

            • Sylvartas@lemmy.world
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              10 months ago

              The way I see it, it’s a failing state. Some institutions are still working “properly” so to speak. Some are going to shit, and some are already fucked.

              • Foni@lemm.ee
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                10 months ago

                Yes, I suppose you are right, the most basic thing has not failed but certain fundamental and important institutions seem to be in it, in any case one can have a horrible and dystopian but functional totalitarian state, without being failed, I don’t know if I explain my point correctly .

                this is also for @[email protected], I don’t know how to answer both of you at the same time, but what I say is valid for both of us.

  • John_McMurray@lemmy.world
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    10 months ago

    It was already effectively legal, presidents have been ordering people killed for how long now? And often not even in wartime scenarios. Just cause they wanted them removed.

  • Fedizen@lemmy.world
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    10 months ago

    weird that the constitution says nothing about “immunity” but the courts keep creating various forms of it. Its almost like we explicitly need an amendment that says courts are not allowed to declare things “immune” from the law.

    • nickwitha_k (he/him)@lemmy.sdf.org
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      10 months ago

      weird that the constitution says nothing about “immunity” but the courts keep creating various forms of it.

      Also weird that it explicitly prohibits warrantless search and seizure of personal property and documents as well as due process, but, the courts have allowed personal property to be stolen via civil asset forfeiture (somehow, it’s considered legal to accuse non-sentient objects of crimes, for which there is little to no recourse because they have no consciousness) and >=90% of the country which is within 100miles of a border (international airports are considered borders) are vulnerable to detention without charge by the Border Patrol.

    • Cethin@lemmy.zip
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      10 months ago

      It’s crazy because so much of the constitution is about ensuring no one is above the law, because they were trying to get away from a monarchy. Somehow this SC either can’t read or understand the constitution though because here we are.

  • HogsTooth@lemmy.world
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    10 months ago

    How can Biden use this for good? Healthcare? Marijuana legalization? Reinstate abortion? Guns? Income inequality?

    We’re in unmarked territory and all I can think of are the abuses. Does somebody have a little hope they can spare?

    • danc4498@lemmy.world
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      10 months ago

      Problem is, it’s up to the courts to decide what is and isn’t “official us business”. As of now, everything Trump does will be “official”, and nothing Biden does would be “official”.

      Doesn’t matter what is fair and even cause Republicans don’t play by that game.

        • wagesj45@kbin.run
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          10 months ago

          The Supreme Court isn’t really interested in arguments, it seems. They’re starting at conclusions and working backwards. In a sane world, you’re probably right with the logic. But in a sane world we wouldn’t have made it to this point to begin with.

        • samus12345@lemmy.world
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          10 months ago

          It’s also hard to argue that any “official” act a president does is immune from prosecution. There is absolutely no way to twist the Constitution’s words to have that meaning. But they did it anyway.

  • thedarkfly@feddit.nl
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    10 months ago

    You know in the game Secret Hitler when the board has sufficiently advanced into fascism that it becomes strategic for the liberals to vote fascism and unlock a bullet? Honestly makes me think of that.

    Not saying this is what needs to happen. I honestly don’t know how americans can do to get out of their quagmire.

    • Olgratin_Magmatoe@lemmy.world
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      10 months ago

      In my experience, the liberals lose games like that 9 times out of 10. Either they kill a liberal and doom themselves, or they kill a fascist and then lose the game anyways because the deck is stacked.

      What this would actually look like in effect would be if Biden had Trump assassinated by their own rules, either Biden would get impeached by the republicans + a few breakoff dems, or it would start a precedent of political assassinations in the U.S., which would end with a lot of blood.

      Either way, it will be a disaster. I don’t want to be a doomer, but I don’t see a way to salvage this shit show.

      • CheeseNoodle@lemmy.world
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        10 months ago

        Have the opposing judges and Trump assasinated on the same day. Court is now in your favour so its an official act and no impeachment.

        • Billiam@lemmy.world
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          10 months ago

          Assuming the ones who are left would decide based on what’s good for the country, or what’s good for their principles.

      • TokenBoomer@lemmy.world
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        10 months ago

        That’s not doomer, that’s being a realist. Either Biden becomes a dictator and risks MAGA civil war, or Trump becomes a dictator and risks a rebellion. Those are the 2 choices.

  • Fedizen@lemmy.world
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    10 months ago

    Would be a shame Dark Brandon used his newfound powers to execute the supreme court for treason.

    • AlbertSpangler@lemmings.world
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      10 months ago

      The powers now suddenly granted are decided entirely by the SC for what they seem “official/unofficial”. Those jokes about how they’d try and do “immunity, but only for trump”?

      That’s what they’ve done.

  • John_McMurray@lemmy.world
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    10 months ago

    Barack must be relieved he’ll never be prosecuted for conspiracy to commit murder and first degree murder.

  • maegul (he/they)@lemmy.ml
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    10 months ago

    How well would a constitutional amendment fly? (I’m not a USian)

    Could a states’ rights pitch be made for enshrining some legal limitation on presidential action?

    • takeda@lemmy.world
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      10 months ago

      Constitutional amendment(s) could fix things, but there needs to be enough people in Congress willing to pass it.

      • maegul (he/they)@lemmy.ml
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        10 months ago

        Well yea, which would be the point. The Other parts of the country’s government using their power to impose a limitation (congress and the states).

        • fiercekitten@lemm.ee
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          10 months ago

          Unfortunately congress is currently incapable of passing anything that truly helps the American people.

  • cyd@lemmy.world
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    10 months ago

    US presidents acting in their official capacity were always immune to prosecution for murder. Johnson and Nixon wiped out entire villages in Vietnam, never held accountable.

    • nomad@infosec.pub
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      10 months ago

      True, but now it’s legal do wrap Trump and all his judges in American flags and throw them out a third floor window. The flag makes it official business. Welcome to Putin town.

  • rayyy@lemmy.world
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    10 months ago

    It goes by beyond murder. It includes terrorism by goons blessed by government pardons - MAGAs included if they step out of line. All dissent will be crushed. He warned us of his intention but some are way too stupid to understand.

  • OccamsRazer@lemmy.world
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    10 months ago

    I can’t believe people in here openly advocating to assassinate supreme court justices. You all need to step away for a bit, take a few breaths and go talk to some real people.

  • zbyte64@awful.systems
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    10 months ago

    What a can of worms. If Texas can ignore SCOTUS then with this ruling what’s to stop the president from ordering his staff to do the same?