The Latest

THE LATEST

THE LATEST THINKING

THE LATEST THINKING

The opinions of THE LATEST’s guest contributors are their own.

Decision Supreme

Jeff Campbell

Posted on June 27, 2019 08:47

3 users

When the controversial circus of a confirmation process for now Justice Kavanaugh was completed, the immediate end of the world was predicted. We are still here.

I know, the Supreme Court is 100% partisan and is making all the wrong decisions now that it is stacked with conservative judges. Or, maybe we are just incapable of accepting the fact that we are so hyper-partisan, that any decision that we disagree with must be blamed unjustly on horrible judges.

I closely follow all Supreme Court rulings because I find the process fascinating. I do not agree with some of them, but I understand those rulings and how those justices arrived at their decisions. What more can we ask for from our judicial branch? In contrary to what politicians and the media would have us believe, the dangers lie not in who is on the bench, but in how those same politicians and media react to decisions for which they do not agree.

We no longer seem capable of accepting things we disagree with and immediately attack them instead. In sports, we do not like the ref’s call and chaos ensues on the field. Likewise, we do not like a particular ruling, and we are ready to idiotically and shortsightedly overhaul the court. Let’s not forget that many of the controversial issues that end up before the court are only there because the same gutless and ineffective politicians refuse to take actions in the appropriate forum – Congress.

And speaking of Congress, both the Republicans’ treatment of the Judge Merrick Garland nomination and the Democrats’ handling of the Kavanaugh nomination were disgraceful. Politicians on both sides seem committed to making sure that we never come together to find common ground on anything.

On the Supreme Court’s recent rulings, we have seen an interesting mix of judges siding with the majority opinions. Judge Kavanaugh himself wrote the most recent opinion for the majority in tossing out a conviction and death sentence for an African American man who has endured six trials full of alleged prosecutorial misconduct, including the racially motivated exclusion of potential jurors because of the color of their skin.

There have been several other recent decisions that are reasonable as well, including allowing a cross monument honoring fallen soldiers from World War 1 to remain on public land, a unanimous decision to extend constitutional protections against unfair fines to state courts, and allowing a case to move forward against Apple’s app store monopoly. Again, you may disagree with these decisions, but none were made in some flagrantly partisan manner.

But let’s get to the real hand-wringing issue that is at the root of all the Supreme Court hysteria: Roe v Wade. Conservatives are hopeful that the new appointments will vacate the long-standing principle of stare decisis. Liberals are already planning to re-make the bench believing that the court’s decision, if and when they hear an abortion case, will be a foregone conclusion. I may be naive, but I give the court more credit than that. At least for the moment.

Jeff Campbell

Posted on June 27, 2019 08:47

Comments

comments powered by Disqus
Source: BuzzFeed

Even if “partisan gerrymandering” can be addressed by courts, the Supreme Court would also need to decide how courts determine...

THE LATEST THINKING

Video Site Tour

The Latest
The Latest

Subscribe to THE LATEST Newsletter.

The Latest
The Latest

Share this TLT through...

The Latest