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Old 07-10-2018, 01:38 PM
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Default Re: How should a justice vote?

Quote:
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.

Thoughts?
The Supreme Court is the final judge in all cases involving laws of Congress, and the Constitution. However, its power is limited by the other two branches of government.
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