Re:U.S. Supreme Court endorses gay, transgender worker prote...
by koheripbal on Monday June 15, 2020 @02:47PM
(#23531338)
> SCOTUS rulings are much more durable than executive actions though.
...and yet, they aren't meant to be. The system was designed such that the legislative branch would produce the most fundamental and enduring changes to our system of laws.
Looking to the SCOTUS to make legal/societal reforms is not only counter to the design, it's dangerous as it enables one branch to usurp the power of another.
Moreover because they are appointed for life and appointed by the president, this new paradigm effectively erodes the most deliberative and democratic institution we have - the Legislature.
It's sad to see such judicial advocacy so broadly applauded.
I suspect the reason the courts are so ready to act to change law, rather than arbitrate law, is a consequence of the ineffectiveness of congress. ...which is, in turn, a consequence of the political polarization worsening in America.
I wish we could return to an environment of more constructive in-depth discussions and less a war of emotional hyperbolic soundbites.
...and yet, they aren't meant to be. The system was designed such that the legislative branch would produce the most fundamental and enduring changes to our system of laws.
Looking to the SCOTUS to make legal/societal reforms is not only counter to the design, it's dangerous as it enables one branch to usurp the power of another.
Moreover because they are appointed for life and appointed by the president, this new paradigm effectively erodes the most deliberative and democratic institution we have - the Legislature.
It's sad to see such judicial advocacy so broadly applauded.
I suspect the reason the courts are so ready to act to change law, rather than arbitrate law, is a consequence of the ineffectiveness of congress. ...which is, in turn, a consequence of the political polarization worsening in America.
I wish we could return to an environment of more constructive in-depth discussions and less a war of emotional hyperbolic soundbites.