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295 points AndrewDucker | 1 comments | | HN request time: 0.276s | source
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BrenBarn ◴[] No.45048272[source]
Our legal system is a shambles that is clearly not prepared to handle this kind of thing, even setting aside the situation with the supreme court. It's become clear that the "shadow law" of simply passing unconstitutional statutes, filing frivilous lawsuits, etc., is operating independently of the real legal system moves too slowly and does not have adequate mechanisms to prevent what is essentially a DDoS attack. All justice is delayed and so all justice is denied.
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eviks ◴[] No.45049638[source]
> passing unconstitutional statutes > independently of the real legal system

The former is literally the real legal system, nothing shadow about it. Shadow would be some hidden deal to drop charges or something.

It's also not DDOS when a huge part of what you call "real" is exactly the same, so not unwillingly overloaded but willingly complicit.

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dudefeliciano ◴[] No.45049939[source]
the real legal system is slow by design, to carefully review cases and ensure fairness. It should also be based on good faith. The vulnerability comes from one bad faith party flooding the system with bad faith cases and appeals (as trump is doing). Even when he fails, the process becomes the punishment for the opposing side (journalists, political opponents...). When he wins, he wins.
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rayiner ◴[] No.45053170[source]
> flooding the system with bad faith cases and appeals (as trump is doing).

Trump is winning most of these fights in the appellate courts and the Supreme Court. Activist groups are flooding the system with a bunch of weak cases, getting weak, poorly reasoned district court rulings, then getting overturned on appeal.

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1. BrenBarn ◴[] No.45059521[source]
But all of those results are meaningless on both sides, because the entire federal judiciary is not genuinely in the business of doing justice.