The politicization of the judiciary is nothing new, but has become more extreme recently, and is a serious threat to the rule of law. I don't have a comprehensive solution - and there might not be one as long as so many lawyers were political "science" majors as undergrads (including one of my sons). We need to find a way out of this quagmire.
Nature abhors a vacuum. Too many legislatures are unable to act. Someone has to fill in the void. Hello, courts legislating from the bench. If you want to fix the courts, fixing legislatures will be a good start.
John Roberts in one of his overturning-precedent opinions said, basically, if you don't like what we just did, make congress fix it. He was being specious of course since he knew congress was unwilling to do anything like legislate on behalf of the People. But he wasn't wrong.
The politicization of the judiciary is nothing new, but has become more extreme recently, and is a serious threat to the rule of law. I don't have a comprehensive solution - and there might not be one as long as so many lawyers were political "science" majors as undergrads (including one of my sons). We need to find a way out of this quagmire.
Nature abhors a vacuum. Too many legislatures are unable to act. Someone has to fill in the void. Hello, courts legislating from the bench. If you want to fix the courts, fixing legislatures will be a good start.
John Roberts in one of his overturning-precedent opinions said, basically, if you don't like what we just did, make congress fix it. He was being specious of course since he knew congress was unwilling to do anything like legislate on behalf of the People. But he wasn't wrong.