3 ms·
It's good to get an uneditorialized view so you can know what's going on without wasting your breath making the same complaints over and over. But that doesn't
by kweingar 2y ago
It's good to get an uneditorialized view so you can know what's going on without wasting your breath making the same complaints over and over.
But that doesn't mean the complaints are wrong. SCOTUS is an insane, dysfunctional institution.
The premise of judicial review is that if you have ideologically-aligned justices, then any petitioner who disagrees with Congress or the executive can file a lawsuit, hit the appeal button twice, and get SCOTUS to undo the law. The amount of law that is supposedly derived from the (tangentially related) terse sentences of the constitution is immense and, imo, completely unjustifiable.
The court's ability to strike down 100-year-old laws (whether acts of Congress or their own previous decisions), and their ability to effect these changes at times when the legislature is in a more or less favorable position to react, is destabilizing.
Even if this isn't convincing, just look at the farce that is lifetime appointments. Large swaths of our ways of living are dependent on the health, age, and egos of these people. We have had manifestly unfit justices cling on to the bench in hopes that they can retire under a friendly president. We can do better.