Is "exploring ways to bypass both public opinion and political resistance" democratic?

[goaded]

I'll explain what particular case I'm talking about in an update.

Yes

No

I don't understand the concept of a yes/no question

Updates

+1 y

"She helped kill Roe v Wade - now she wants to end abortion in America"
https://www.bbc.com/news/world-us-canada-65923956

"Hawkins and others are exploring ways to bypass both public opinion and political resistance, Zieger said. One, perhaps the most feasible, would be to ask the conservative-leaning Supreme Court to recognise foetal personhood under the Constitution."

[Snakeyes7]

Even with the context I can't tell.

In terms of court, you have a right to be presumed innocent until proven guilty and that should extend to public opinion as well. Outside influence should never interfere with the justice system.

[goaded]

But it does, and it should. Would you want a supreme court that ruled as if it were 1823, and not 2023? Society has changed immensely in the meantime, and so have people's expectations of what justice is.

If anything should affect the justice system it should be society as a whole, not tiny interest groups or billionaire "travel agencies".

[Snakeyes7]

Both are equally unjust because of political motivations behind them. In 1823, a judge might be far harsher if a black person committed a crime than a white person. In 2023, a study from University of Michigan has shown that men get 63% higher sentences than women for the same crime, if women get sentenced at all, the gap is even bigger than the race sentencing gap which from what I remember is only a couple percentage point difference. No one with any sort of power to make the changes necessary for a proper justice system wants to acknowledge this just like the people in 1823.

I completely agree with you on the second part though.

[goaded]

There's a 2017 report here: www.ussc.gov/.../demographic-differences-sentencing It shows women getting about 33% shorter sentences (which is the same as men getting 50% longer sentences, of course). The difference between black and white men is "only" 19.1% longer.

Looks like you're right. I hope the difference is that people are looking into it and it's not set in stone.

[Snakeyes7]

Ok I was wrong about the race thing, it is higher than I thought. Then again I haven't looked at that study since 2018 so maybe I forgot about it.

[Blueeyes81]

No. Loopholes that bypass checks and balances, subvert elections, throw public opinion to the wind are detestable. It makes a mockery of the citizens who put faith in public officials to uphold their will.

[goaded]

I couldn't agree more.

[OddBeMe]

I voted no, because “Democratic” is a meme word that means “utopia’s government of freedom” so in that way no. In a republic, which we live, it’s more complicated. We send representatives to vote for us on bills and could I see them saying this in back rooms? Yes. Is always bad? Idk…

[nolabels]

I can't wait for the update.

[Friendlybro79]

Not much context here but I'm thinking no

[goaded]

I can't see how it could be. That's the point of public opinion, and political resistance is resistance to the elected representatives of the people.