4 ms·
The SC isn't supposed to concern itself with justice, that's a sticky matter for the legislators. Their job is to make sure that the legislators followed rules
by HexagonalKitten 6y ago
The SC isn't supposed to concern itself with justice, that's a sticky matter for the legislators. Their job is to make sure that the legislators followed rules (wrote laws which do not contradict the constitution) and that those laws are properly applied.
Yes, every individual judge has their own skills and opinions and as such, sees the legal question slightly differently, and has different legal interests and thus knows some law more than other. We have a nine as a balance between not having enough diverse backgrounds such that we might be missing the critical input some day weighed against the group being to big to be convenient.
> why do we end up with split votes that so often fall down partisan lines?
People are flawed. Let's say some injustice caused you to get into law. You're likely going to be more familiar with that area, and more sensitive to its harms, than another judge. You may not be voting your ideology, you may be there (as a justice) because of your ideology, and you may have your honest beliefs because of your unique experiences.
I often read opinions I don't agree with, but I can see where the justice just had a different life than me and sees things differently.
> Supreme Court opinions literally called opinions, if they are apparently objective?
The only use of objectivity in this thread is yours. But if someone did use that phrasing, they'd mean that the justices should decide the same on the same issue, no matter if it helps a nazi or a nun. Justice is supposed to be blind.
- OpieCunningham 6y ago>People are flawed. Sure. But it's not random flaws. Liberal people are flawed to believe rules are written as a liberal would interpret them. And conservatives just the opposite. Because the rules do not exist outside of subjective interpretation. I may be the only person using the word objective in this conversation, but that doesn't mean everyone else in the conversation is not building their arguments on the existence of objectivity in regards to a judges interpretations. >I often read opinions I don't agree with, but I can see where the justice just had a different life than me and sees things differently. That's right. Their opinion is nothing more than their interpretation. A couple of people had the opinion that something was unconstitutional. That doesn't mean it is, just that they believe it is. Justice is supposed to be blind. And the Supreme Court opinion that CU was unconstitutional helps corporations just as it helps pro-choice non-profits just as it helps pro-life non-profits. But at the end of the day, it was 5 people who interpreted it as unconstitutional. They did not make the discovery that it is unconstitutional.