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Re:The United States’ Unamendable Constitution by refurb on Thursday October 27, 2022 @03:30AM (#33354373)
Supreme Court rulings are not a popularity contest. It’s intended as an independent (as independent a nominated body can be) that interprets the laws the Congress passes within the confines of the Constitution.

I for one would fear living in a country where the courts were swayed by public sentiment.

Re:The United States’ Unamendable Constitution by pavlov on Thursday October 27, 2022 @03:46AM (#33354467)
It’s hardly an independent body when 67% of members are lifetime political appointees from a party that hasn’t represented a national majority in several decades.
Re:The United States’ Unamendable Constitution by thenewthotness on Thursday October 27, 2022 @03:56AM (#33354538)
The entire structure of the US government is meant to guard against rule by a “national majority” amongst other things.
Re:The United States’ Unamendable Constitution by refurb on Thursday October 27, 2022 @05:21AM (#33355163)
It's not "from a party", it's nominated "by the Senate".

For example, Amy Barrett was confirmed by a vote of 55-43, including 3 Democrats.

I'm not sure why you mention "a national majority". It was never a popularity contest. States elect senators, senators confirm Supreme Court justices.

Re:The United States’ Unamendable Constitution by lovich on Thursday October 27, 2022 @05:53AM (#33355383)
And which office proposes said candidates? And how does that office get elected? It’s not crazy for the OP to mention a national majority
Re:The United States’ Unamendable Constitution by Ekaros on Thursday October 27, 2022 @06:02AM (#33355442)
Office that is voted in by people who potentially do not represented 49.9% of the people who voted for them.
Re:The United States’ Unamendable Constitution by refurb on Thursday October 27, 2022 @06:00AM (#33355430)
What do you mean office?

The voters elect senators, who nominate candidates and then vote.

Re:The United States’ Unamendable Constitution by sokoloff on Thursday October 27, 2022 @06:33AM (#33355614)
The President nominates and the Senate vets/confirms them.

https://www.supremecourt.gov/about/faq_general.aspx

Re:The United States’ Unamendable Constitution by refurb on Thursday October 27, 2022 @06:56AM (#33355775)
You're right.

The senate judiciary committee will vote, then the candidate is voted on by the entire senate.

Regardless, the confirmation process is conducted by elected representatives. There is no "this party chose them".

Re:The United States’ Unamendable Constitution by lovich on Thursday October 27, 2022 @01:28PM (#33360970)
A strict reading of the rules says that but the meta behavior of how the political parties interact with those rules means that the scotus judges are de facto chosen by one party or the other.
Re:The United States’ Unamendable Constitution by refurb on Friday October 28, 2022 @04:37AM (#33369026)
Then what happens when one party controls the Senate and another the Presidency?

Which has happened quite often?

Re:The United States’ Unamendable Constitution by sokoloff on Friday October 28, 2022 @05:48AM (#33369461)
What used to happen is the President nominated someone qualified and the Senate confirmed them.

Now, it causes a political circus.

Re:The United States’ Unamendable Constitution by refurb on Saturday October 29, 2022 @08:57AM (#33383657)
I'd disagree there. You've heard of Robert Bork?
Re:The United States’ Unamendable Constitution by mythopedia on Thursday October 27, 2022 @09:58AM (#33357529)
> On October 26, the Senate confirmed Barrett to the Supreme Court by a vote of 52–48, 30 days after her nomination and 8 days before the 2020 presidential election. *Every Republican senator except Susan Collins voted to confirm her, whereas every member of the Senate Democratic Caucus voted in opposition.* Barrett is the first justice since 1870 to be confirmed without a single vote from the Senate minority party.

https://en.m.wikipedia.org/wiki/Amy_Coney_Barrett

Re:The United States’ Unamendable Constitution by sokoloff on Thursday October 27, 2022 @05:39AM (#33355295)
Independent is orthogonal to whether its members match any particular political party provenance.

In fact, the more we demand that it match that profile, the less independent it’s likely to become.

Re:The United States’ Unamendable Constitution by tomp on Thursday October 27, 2022 @08:10AM (#33356352)
> that hasn’t represented a national majority in several decades

You can't really make that claim, objectively.

US elections aren't decided by national majority, so you can't use them as a measure of national majority.

If the game was different, people would play it differently.

Re:The United States’ Unamendable Constitution by Beltalowda on Thursday October 27, 2022 @06:13AM (#33355494)
The SCOTUS is "independent" in the sense that it does not have any person or institution they have to answer to, but I'm not sure if that's really all that relevant. The individual members have vastly different views on how to interpret the law, and are clearly put in place for political reasons.

And courts should be "swayed by public sentiment". A judge's job is "to judge", and general societal attitudes play part of that. This is why SCOTUS rulings from 1910 are not the same as today. Otherwise we might as well replace all courts with some AI that would interpret the law to the letter.

Re:The United States’ Unamendable Constitution by denton-scratch on Thursday October 27, 2022 @08:15AM (#33356408)
> And courts should be "swayed by public sentiment".

That's problematic.

Part of the function of courts and judges is to convince people not to "take the law into their own hands", and mete-out punishment by mob. That incentivizes courts to hand-down more severe sentences, especially in scandalous cases. Another part is to interpret the law fairly (Justice as Fairness), a function that is often at odds with the former function.

I don't think it's at all the business of courts to try to appease the mob; that leads inevitably to trial-by-tabloid, which is no kind of justice.

Re:The United States’ Unamendable Constitution by Beltalowda on Thursday October 27, 2022 @08:53AM (#33356741)
Well, you turned "general societal attitudes" in to "appease the mob", which is a very different thing.

In 1986 the SCOTUS rules that consensual homosexual sex in private could be banned (Bowers v. Hardwick). Such a ruling would be almost unthinkable today, and was already overturned in 2003 (Lawrence v. Texas). All the arguments used in 1986 and 2003 could still be used today because the constitution hasn't changed, but what is and isn't societally acceptable on this front very much has.

I'm not talking about whatever was in the papers this week, or the opinion polls this year, or whatever Biden or Trump or whomever said last week, I'm talking about broad and general shifts in attitudes that take place over years and decades.

Re:The United States’ Unamendable Constitution by refurb on Thursday October 27, 2022 @10:55AM (#33358485)
There are very few universal beliefs among humans, as such, any position of power is going to have a political aspect to it. It's unavoidable.

Suffice to say, both parties' presidents have nominated Supreme Court justices that never made it past confirmation. Despite the voting procedure, both parties need to find nominees that are at least palatable to some portion of both parties. Extremes in either direction are generally dropped pretty quickly.

And courts are swayed by public sentiment, but it generally takes a long time for such social sentiment to filter up to the courts. And that's a good thing. The last thing we need is a court that decides cases on the whim's and fancies of the average voter.