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Old 07-10-2018, 11:32 AM
jimbo jimbo is offline
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Default Re: How should a justice vote?

Originally Posted by pjohns View Post
It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

That's my thoughts. The founders, quite possibly the greatest collection of political intelligence, intended for the government of the US to consist of three separate branches, each roughly equal in importance. With Congress further divided to represent the interests of both the state and the people. Over the years the branches have tended toward merging.

It bothers me that if you look at the recent SCOTUS pick threads not once do I remember any talk of how the choices would rule on Constitutional issues.

IMO SCOTUS is not about doing good, SCOTUS should be about being right on Constitutional issues. Nothing else.
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