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There needs to be a distinction here between SCOTUS rulings on constitutional issues versus rulings based on statute. Many if not most of the decisions that th
by jbeam 6y ago
There needs to be a distinction here between SCOTUS rulings on constitutional issues versus rulings based on statute.
Many if not most of the decisions that the Supreme Court hands down could be changed by the legislature. These are based on interpreting statute. For example, recently the court unanimously overturned the conviction of two New Jersey officials who were involved in a scandal involving shutting down an interstate bridge for political revenge. The majority opinion, that again was unanimously agreed to, went out of its way to say that their acts were reprehensible. But the statute that was used to charge them didn’t cover their acts. This is something that can be changed by the legislature easily and there’s no issue at all.
The issue comes with the constitutional ones. These get the most press and tend to be the ones that are most controversial. But the alternatives aren’t much better. Besides the historic reasons for SCOTUS supremacy in this area starting with Marbury v. Madison, there are legitimate concerns with having the interpretation of your constitution being subject to the whims of the most recently elected body.
Of course, this has led to the current nightmare where Supreme Court seats are hotly divisive contests to be won. Changing the makeup of the court is a battlefield and for the life of me I cannot see a way to fix that. Changing the number of justices or setting term limits will be seen as court packing by whichever party attempts it. It might result in open rebellion. Things are very fragile here and we are teetering on the edge.
- chrisco255 6y agoYeah my gut feeling is that the relative balance is important to people, but I understand that if one party wins 2 or 3 elections in a row and there happens to be a lot of vacancies, they could swing the court heavily to the right or to the left. And since game theory dictates that you don't know when you'll have the presidency again, you can't nominate centrists to please the crowd you may find the court packed with your opponents + centrists...which means it leans to your opponents.