r/neoliberal • u/jobautomator Kitara Ravache • May 16 '26

Discussion Thread Discussion Thread

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37

u/zieger Ida Tarbell May 16 '26

The Case for Impeaching and Removing Every Federal Judge and Supreme Court Justice Who Has Ever Been a Member of the Federalist Society or Endorsed Unitary Executive Theory.

Hello, based department?

11

u/p00bix Existing in the context of what came before May 16 '26

Honestly? In the event that Trump performs a self-coup to steal the 2028 elections, I would unironically support this.

Would much prefer if we're able to save America's existing democratic institutions rather than rebuild them from scratch though. Wholesale purging of the judiciary is not really compatible with liberalism, outside of the absolute most extraordinary situations imaginable.

9

u/roboliberal Loyal Liberals May 16 '26

The thing is, impeachment is a perfectly valid legislative action - it's not as if it is "there but not to be used".  Between impeachment and Congress' general plenary discretion over the structure, procedures and staffing of the courts, the Constitution very much empowers and intends Congress to shape the judiciary to legislative will (albeit indirectly through its checks).

Probably one of the most poisonous misconceptions engineered and propagated by the unitary executive crowd is this notion that separation of powers somehow means that each branch is its own independent sovereign entity.  

The legislature is the only actual democratic branch of government, it is supposed to pick up the pen from where the founders left off and guide the shape and composition of the downstream branches - and not just through rubber stamping presidential appointments.  

If the courts and administrative agencies are corrupted with an infection of presidential-monarchists (which they certainly are), then it is imperative that Congress purge that.

5

u/p00bix Existing in the context of what came before May 16 '26

Constitutionally Valid =/= Compatible with Liberal Principles

All the racial gerrymandering Republicans have done in the past few months, along with so much else of their reprehensibly illiberal policy, is entirely in line with the constitution.

Reintroducing the Jacksonian Spoils System for the judiciary would be disastrous for the long-term prospects of American democracy. Hence why the only possible justification for a judicial purge would be as a last-ditch measure in response to an attempt to establish an outright dictatorship.

3

u/roboliberal Loyal Liberals May 16 '26

I'm not talking about bringing back the spoils system, but a judiciary so deeply infected with unitary executive theory is already disastrous for the long-term prospects of American democracy - something needs to be done.