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The US Supreme Court: is it working?  email this discussion to a friend?

myLot reputation of 72/100. evanslf (406)   ranked 156 out of 3,985 in politics 4 years ago

I wonder what people think of the US Supreme Court and whether it is really working any more. It seems to me that over the last few years, the Court's decisions have become increasingly an extension of the political battles played out between Republicans and Democrats. I feel there is something worrying about a court when you can predict with near accuracy how 4 members will vote one way and 4 others will vote another, leaving the lone Judge Stephens in the middle breaking the tie.

I recall former Chief Justice Rendquist saying that he had come to realise that it was not the arguments that mattered but that he 'had the votes'. I find this truly shocking, has the US Supreme Court now just become another political theatre where votes are cast to determine a political outcome?

My understanding of a judge is that he should look at each case as it comes to him on its merits, look at the law of the land that applies - irrespective of whether he or she feels that that law is wrong - and then make his/her decision based on the facts of the case and his/her interpretation of the law. I think all 9 judges should be doing this but I don't feel they are.

What do you think? Should the Supreme Court be changed, perhaps should there be a new system that allows the appointment of apolitical judges to remove the political complexion that so infuses the Court these days? What are your thoughts?

 

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tags:  supreme court
 
1. myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics   4 years ago

Well, I guess it depends where you sit. I don't always agreee with the decisions they render. The last one I disagreed with was the decisions to allow enemy combatants to question their detainment in civilian courts. The last one I agreed with was the decision that fire arms are an individual right. The court right now is pretty devided on the conservative/liberal lines so I think we have a pretty good balance. The positions they render and rule upon should be based on constitutional law and no, I agree they should not nessesarily be legislating from the bench.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  4 years ago

Legislating from the bench is one of the biggest problems with our current system. The first thing I learned while studying law is that judges have more legislative power than the entire legislative branch since one judge can singlehandedly make a new law through use of precedent. Our legislative branch however requires debates and votes to even get a law through to the judicial branch.

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2. myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics   4 years ago

I lost all faith in the supreme court when dismissed the suit against Clinton for waging an illegal war in former Yugoslavia. Congress voted against his war 427 to 2 and he went to war anyway. When they sued Clinton over the war the supreme court dismissed the suit which basically means any president can wage an illegal war without congressional approval. For all the flack that Bush gets at least he made sure he had the support of congress before he attacked Iraq.


myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics  4 years ago

funny isn't it? the contradiction?


myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics  4 years ago

And where we're the protesters on that one?


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  4 years ago

They were busy cheering him on for sleeping with an intern. I'll bet none of those protesters even knew about the war. Amazing how the media kept that so quiet.

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3. myLot reputation of 81/100. ZephyrSun (3727)   ranked 102 out of 3,985 in politics   4 years ago

I guess the "justice is blind" that holds true in the lower courts does not apply to the Supreme Court. I believe it should be made up of a nonpartisan group of judges that will inturpet the Constitution. There should really be a different way that the judges are appointed, I believe that in the next presidental term there will be a number of the judges leaving the bench for different reasons, leaving the next president making the balance of liberals and conversatives currently seated, unbalanced. This unbalance I believe will not be good for the United States, whether it be a court filled with liberals or conservatives.


myLot reputation of 67/100. anniepa (11666)   ranked 329 out of 3,985 in politics  4 years ago

I agree, however I think it will be MUCH worse for the U.S. if it's a court filled with conservatives than with liberals. Of course, I know there are many who will disagree with me on this...lol!
Annie


myLot reputation of 81/100. ZephyrSun (3727)   ranked 102 out of 3,985 in politics  4 years ago

Well yeah because I think that Liberals tend to have a little more ok a lot more open minded thinking. And with that, I will just sit and wait for the onslaught lol.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  4 years ago

You two simply feel that way because you are both liberals. There's not much more to be said than that. Most conservatives would say the exact opposite and such is the way of things.


myLot reputation of 81/100. ZephyrSun (3727)   ranked 102 out of 3,985 in politics  4 years ago

I fully agree with you Taskr, although I do believe that Liberal are way more open minded than conservatives. If conservatives were more open minded I might be on that playing field but I'm not. But Taskr since you are here I have a question for you, do you have any idea why when the shock jocks are bashing women on their radio shows why the conservative women continue to listen to them? I'm am very curious about this any have asked and yet no one would like to explain it.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  4 years ago

Not a clue Zephyr. Some people seem to enjoy being insulted. I've heard people call radio shows where the DJ is famous for being rude and yet they still get surprised and upset when the DJ insults and makes fun of them. That's his job, it's what he does, and it's how he makes his money. I can't explain why people buy into it, they just do.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  4 years ago

On another note maybe the women listening to these shock jocks, think that they're talking about OTHER women. Kind of like when a comedian makes fun of men, women, black people, white people, etc. People of the group being mocked will listen and laugh.


myLot reputation of 81/100. ZephyrSun (3727)   ranked 102 out of 3,985 in politics  4 years ago

I never thought of it that way because every time I have been to a comedy show the person on stage is usually not so prudish. But, either way good point, to each their own.


myLot reputation of 67/100. anniepa (11666)   ranked 329 out of 3,985 in politics  4 years ago

OK, Taskr, now don't yell at me...
You wrote, "On another note maybe the women listening to these shock jocks, think that they're talking about OTHER women. Kind of like when a comedian makes fun of men, women, black people, white people, etc. People of the group being mocked will listen and laugh."

I can't resist this, but maybe the women who like Rush do assume he's talking about "other women" and surely not them because he was actually making fun of Elizabeth Edwards for being intelligent.
Annie


myLot reputation of 81/100. ZephyrSun (3727)   ranked 102 out of 3,985 in politics  4 years ago

Maybe Rush is having a midlife crisis, acting as though he is still in high school. I remember kids in high school making fun of the "nerdy" kids for being smart and whatnot.

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4. myLot reputation of 63/100. ParaTed2k (6357)   ranked 325 out of 3,985 in politics   4 years ago

The Supreme Court (unlike all the other courts in the US) was actually set up as a political entity. Since it is part of the "Checks and Balances" of the Federal Government, it was supposed to be effected by the Legislative and Executive Branches. After all, those checks and balances go all three ways.

That being said though, I agree with you that our Justices have forgotten what their jobs are. You are right, they don't care what the facts are in the case, they don't even care about the one and only thing they are supposed to care about while making decisions (what the U.S. Constitution says).

The Supreme Court is supposed to be a political entity, but that is no excuse for the Justices to be incompetent.

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