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Old 07-10-2018, 03:54 PM
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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.

What’s more important than “How should a justice vote” is, in IMO, should a President be allowed to appoint a Justice to the Supreme Court while he is a key figure in a criminal investigation?
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