4 ms·
The whole idea of the court is to be above public opinion. This is not the first time in history that the court has made sweeping overturns of previous precede
by scottLobster 4y ago
The whole idea of the court is to be above public opinion. This is not the first time in history that the court has made sweeping overturns of previous precedent that large swaths of voters disagreed with. It's also not the first time the legitimacy of those rulings has been challenged. Remember Eisenhower sending the 101st Airborne and federalizing the Arkansas National Guard to enforce integration? Or Kennedy doing similar for Alabama? Those actions were enforcement of a controversial SCOTUS ruling against the local public opinion.
And you can say "yeah but racists were the bad guys", but that's not how any of this works, regardless of what narratives we decide to apply to history after the fact. Did the court's lack of perceived legitimacy in Birmingham or Little Rock (among many other places that required less extreme enforcement) cause it to fail as an institution?
The court only fails as an institution when it's decisions are no longer enforced. Last I checked we haven't reached that point yet. And even if we do, worth remembering SCOTUS survived the last civil war intact.
- peter422 4y agoSo your argument is because the court regained hard earned approval in the past it is guaranteed to do so again? Or the court can function perpetually against the public will?
- frumper 4y agoHis argument is that Congress should legislate these issues either through proper laws or constitutional amendments. Turns out 9 judges might disagree with the previous set of 9 judges. That disagreement swings both ways and in the absence of proper legislative action will become the law of the land.