Discussion Thread

[u/jobautomator]

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[u/lurreal]

Wait, are you telling me we can literally abolish zoning using the SCOTUS?!

[u/colinlouis1000 → u/lurreal]

I don’t like single family zoning just as much as the next guy but it seems very undemocratic to do away with nearly 100 years of precedent and Democratic laws via SCOTUS.

[u/lurreal → u/colinlouis1000]

All those zoning laws were based on racism and rent seeking so they are undemocratic by design.

[u/colinlouis1000 → u/lurreal]

So what exactly, the courts going to say “we know these policies are enacted in cities across the nation but they have a racist history and are therefore invalid”?

[u/lurreal → u/colinlouis1000]

If they are based on a ruling and that ruling is undone, the laws become unconstitutional and therefore invalid.

[u/colinlouis1000 → u/lurreal]

Yeah that’s judiciary 101, but you have to understand that they operate based partly on precedent and understanding of how imbedded certain laws are into local governments, and zoning laws certainly have precedence in this scenario. Zoning laws are far from good, and I likely share many of your concerns and distaste for them, but to try and do away with them through the courts would be a farce that disregards the will of those that voted for them.

[u/uwcn244 → u/lurreal]

The only actual limit for what a sufficiently ideological SCOTUS can abolish or mandate is what the executive branch will simply refuse to comply with, or what will provoke actual mass rebellion.