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The Next Battle Against the Admin State: See Israel


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2023 Jul 25, 3:43pm   221 views  3 comments

by AmericanKulak   ➕follow (8)   💰tip   ignore  

The High Court in Israel is mostly a self-selecting guildocracy where the majority of High Court (Supreme Court equiv.) Judges are picked from... the current highest ranking judges, and a few by the Bar Association equivalent.

Like the British system, there is no written Constitution, so it's basically all up to the highest lawyers assholes. The Israeli Court is so shitty, that most Israeli companies prefer to sign contracts under foreign laws and Israeli laws because activist judges pull shit out of their ass and the system is unreliable.

The High Court is so powerful, they don't need to be appealed to - they can reach down "Intercept" official decisions and legislative laws and rule on them. They've even pre-empted the Knesset (legislature) by nullifying proposals before they are passed laws. No need for a lawsuit to wind it's way through several levels.

The Knesset just passed a law eliminating the power of the High Court to determine if officials and the legislative-passed laws are "Reasonable" and stop them.

That's it, just "Reasonable". No, it violates this amendment or that amendment. Just "We unelected judges think this is unreasonable, so goodbye law/policy/action."

Now there are Social Democrats/Socialist-Corporatists/Public Administrators refusing to do their job if the proposed reforms, which will make the High Court appointments.

https://www.timesofisrael.com/defiant-in-defeat-protesters-vow-to-fight-on-against-governments-judicial-overhaul/

I mention this because We could very much face a similar reaction if SCOTUS or the Trump Administration/MAGA Congress cracks down on the powers of the Deep State to warrantlessly spy, invent a host of rules and both judge their violation and assign punishment in-house (1984 Chevron ruling), etc.

Some Refs:
https://www.timesofisrael.com/defiant-in-defeat-protesters-vow-to-fight-on-against-governments-judicial-overhaul/

CNN has a bias:
https://www.cnn.com/2023/07/24/middleeast/israel-supreme-court-power-stripped-intl/index.html

Haaretz, the Guardian of Israel, is very upset the Oligarchical Institution is being reformed:
https://www.haaretz.com/israel-news/2023-07-24/ty-article/.premium/can-the-high-court-block-the-new-law-that-limits-its-actions-against-israeli-government/00000189-88a1-d5eb-abcb-f9e725150000

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2   Ceffer   2023 Jul 25, 6:05pm  

I bought some medicine that claims to cure both nail fungus and the administrative state. I don't care if it works on the nail fungus or not.
3   Patrick   2023 Sep 18, 10:24am  

https://www.coffeeandcovid.com/p/chicken-legs-monday-september-18


In addition to Missouri v. Biden, this term the Supreme Court will hear a bunch of hyper-important cases that you probably never heard of. For example, one case we are watching carefully is Loper Bright Enterprises v. Raimondo. The case challenges to the Court’s long-standing 1984 precedent that created so-called “Chevron deference.” Also called “Chevron doctrine,” it is an awful decision creating a rule that, when a law is unclear, judges must defer to “experts” from the federal agencies, so long as the experts are being “reasonable.”

“Reasonable” is the lowest standard in the law. It just requires the government to show any rational motivation. So the rule effectively barred judicial review of all but the most egregious federal regulations. Now it is coming under scrutiny right when “experts” are polling lower than doctors and tag agency workers.

“Chevron deference” gave the federal agencies vast powers, making their volumes of regulations virtually impossible to adequately review in real courts. And believe me, the agencies took advantage of that power. So if the Supreme Court overturns the Chevron doctrine, it will seriously curtail executive branch agency power. And it’s looking good. Many Court observers wonder, correctly, why would the Supreme Court agree to take Loper if they didn’t plan to trim the doctrine?

To give you an idea of how much the Loper case worries leftists, consider this totally not hysterical headline from Politico back in May when the Court accepted the case:




They’re doomed! Man the lifeboats! Women and marxists first!

So get ready. Although the Court isn’t hearing any hot-button social-issue cases this term, the term could wind up being just as significant for freedom as was the previous term.

Here’s a good Heritage article describing three important upcoming cases including Loper, if you want to read more.

https://www.heritage.org/courts/commentary/3-supreme-court-cases-could-shake-the-administrative-state

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