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The SCOTUS is "independent" in the sense that it does not have any person or institution they have to answer to, but I'm not sure if that's really all that rele

The SCOTUS is "independent" in the sense that it does not have any person or institution they have to answer to, but I'm not sure if that's really all that relevant. The individual members have vastly different views on how to interpret the law, and are clearly put in place for political reasons. And courts should be "swayed by public sentiment". A judge's job is "to judge", and general societal attitudes play part of that. This is why SCOTUS rulings from 1910 are not the same as today. Otherwise we might as well replace all courts with some AI that would interpret the law to the letter.

denton-scratch 4y ago
> And courts should be "swayed by public sentiment". That's problematic. Part of the function of courts and judges is to convince people not to "take the law into their own hands", and mete-out punishment by mob. That incentivizes courts to hand-down more severe sentences, especially in scandalous cases. Another part is to interpret the law fairly (Justice as Fairness), a function that is often at odds with the former function. I don't think it's at all the business of courts to try to appease the mob; that leads inevitably to trial-by-tabloid, which is no kind of justice.
- Beltalowda 4y ago
  Well, you turned "general societal attitudes" in to "appease the mob", which is a very different thing. In 1986 the SCOTUS rules that consensual homosexual sex in private could be banned (Bowers v. Hardwick). Such a ruling would be almost unthinkable today, and was already overturned in 2003 (Lawrence v. Texas). All the arguments used in 1986 and 2003 could still be used today because the constitution hasn't changed, but what is and isn't societally acceptable on this front very much has. I'm not talking about whatever was in the papers this week, or the opinion polls this year, or whatever Biden or Trump or whomever said last week, I'm talking about broad and general shifts in attitudes that take place over years and decades.
refurb 4y ago
There are very few universal beliefs among humans, as such, any position of power is going to have a political aspect to it. It's unavoidable. Suffice to say, both parties' presidents have nominated Supreme Court justices that never made it past confirmation. Despite the voting procedure, both parties need to find nominees that are at least palatable to some portion of both parties. Extremes in either direction are generally dropped pretty quickly. And courts are swayed by public sentiment, but it generally takes a long time for such social sentiment to filter up to the courts. And that's a good thing. The last thing we need is a court that decides cases on the whim's and fancies of the average voter.

denton-scratch 4y ago

> And courts should be "swayed by public sentiment". That's problematic. Part of the function of courts and judges is to convince people not to "take the law into their own hands", and mete-out punishment by mob. That incentivizes courts to hand-down more severe sentences, especially in scandalous cases. Another part is to interpret the law fairly (Justice as Fairness), a function that is often at odds with the former function. I don't think it's at all the business of courts to try to appease the mob; that leads inevitably to trial-by-tabloid, which is no kind of justice.

Beltalowda 4y ago
Well, you turned "general societal attitudes" in to "appease the mob", which is a very different thing. In 1986 the SCOTUS rules that consensual homosexual sex in private could be banned (Bowers v. Hardwick). Such a ruling would be almost unthinkable today, and was already overturned in 2003 (Lawrence v. Texas). All the arguments used in 1986 and 2003 could still be used today because the constitution hasn't changed, but what is and isn't societally acceptable on this front very much has. I'm not talking about whatever was in the papers this week, or the opinion polls this year, or whatever Biden or Trump or whomever said last week, I'm talking about broad and general shifts in attitudes that take place over years and decades.

refurb 4y ago

There are very few universal beliefs among humans, as such, any position of power is going to have a political aspect to it. It's unavoidable. Suffice to say, both parties' presidents have nominated Supreme Court justices that never made it past confirmation. Despite the voting procedure, both parties need to find nominees that are at least palatable to some portion of both parties. Extremes in either direction are generally dropped pretty quickly. And courts are swayed by public sentiment, but it generally takes a long time for such social sentiment to filter up to the courts. And that's a good thing. The last thing we need is a court that decides cases on the whim's and fancies of the average voter.