3 ms·
The most important thing is that a sweeping Federal ban once again came out of a Federal District Court in Texas. A couple of days ago I wrote up a quick primer
by jmyeet 2y ago
The most important thing is that a sweeping Federal ban once again came out of a Federal District Court in Texas. A couple of days ago I wrote up a quick primer on how and why this happens [1]. Again, it's appropriate.
The idea has been pushed that the courts are apolitical, that judges (particularly Supreme Court judges) sit atop an Ivory Tower and come down every now and again to be consulted like the Oracle of Delphi. The truth is that the courts are, and always have been political. People are becoming increasingly aware of this.
Put another way: take any Supreme Court decision on a controversial issue and you'll probably find a reasoned dissent in addition to the majority decision. More often than not it's the politics of the justices voting that determine which of those became the majority opinion, not some objective argument of law. After all, on constitutional matters, the court is interpreting very few words that are rather vague. All sorts of tests and doctrines have been summoned out of thin air on top of this.
Courts, particularly in Texas, have become increasingly activist and have made sweeping nationwide rulings, giving little to no deference to Congress or the Executive. This is a power grab by the judiciary over the other two branches and a pretty serious one.
It's hard not to look at the court system we have and see it as nothing more than a tool to block any legislative action but only in one direction.
[1]: https://news.ycombinator.com/item?id=41287569 https://news.ycombinator.com/item?id=41287569