SCOTUS is a political branch, not a legal one
I pretty much agree with Andrew McCarthy:
Already, an ocean of ink has been spilled analyzing, lauding, and bemoaning the Supreme Court’s work this week: a second life line tossed to SCOTUScare in just three years; the location of a heretofore unknown constitutional right to same-sex marriage almost a century-and-a-half after the adoption of the Fourteenth Amendment; and the refashioning of Congress’s Fair Housing Act to embrace legal academe’s loopy “disparate impact” theory of inducing discrimination.
Yet, for all the non-stop commentary, one detail goes nearly unmentioned — the omission that best explains this week’s Fundamental Transformation trifecta. Did you notice that there was not an iota of speculation about how the four Progressive justices would vote?There was never a shadow of a doubt. In the plethora of opinions generated by these three cases, there is not a single one authored by Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, or Sonia Sotomayor. There was no need. They are the Left’s voting bloc. There was a better chance that the sun would not rise this morning than that any of them would wander off the reservation.
Indeed, if there is any speculation it centers mostly around Justice Kennedy and now, of all people, Roberts. There’s not much of a doubt on any case that comes before the court as to how either the liberal bloc or the conservative bloc will vote. Up for grabs, apparently, are only two votes. And you can expect absolutely tortured verbiage and logic from those two (and others who believe in a “living Constitution”) in order to justify their vote.
Elizabeth Price Foley wants to lay it off on liberals:
But we all know why Thomas, Scalia, Alito and, oh yeah, Roberts, ended up on the Supreme Court. The conservatives believe “law is politics” just as much as the left – they just haven’t been as successful at it recently. There is a reason there are veritable political wars about who gets appointed to the highest bench in the land. This isn’t some sort of scoop.
It’s a pity though. You expect politics in Congress, which is why it’s reputation is so … low. You want a statesman in the presidency. And you expect justice and law from the judiciary.
Instead, we have nothing but politics from all three.
And they wonder why the people’s view of government is at a nadir?
We all know what “politics” means … and it has nothing to do with integrity, justice, the law, statesmanship or what is best for the citizenry.