As I write this, the Supreme Court has just weighed on two topics which divide the Left from the Right in our country - (1) The Affordable Care Act (a.k.a. "Obamacare"), and (2) Same Sex Marriage. And the rulings exposed some interesting things about the court - more noteworthy than the rulings themselves.
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When the court's polarization reflects the nation's polarization as a whole, one is likely to get some interesting verdicts. One of these verdicts was the original one supporting the ACA, where Justice Roberts used the government's right to impose taxes as a rationale to support the ACA. Why such a reason? The man likely wanted to be on the right side of history, but didn't see another "conservative" way of getting to the majority decision.
Justice Roberts tends to support a Federalist reading of the law - delegating as much power as possible to the States, instead of accumulating that power in the Federal Government. So his votes on both the second round of the ACA and Same Sex Marriage would not be a shock to anyone. However, Justices Scalia and Thomas tend to be highly political, and very easy to predict, as they were chosen to reflect a "hard right" point of view. In fact, Justice Scalia has all but indicated that he believes in a "6 Day Creation" - and his rulings tend to support the political views of the members of his "tribe" - even though Justice Roberts has pointed out the inconsistency of his votes, as he cited Scalia's prior opinions in his position on the ACA. Of course, the Liberal members of the court have their inconsistencies as well - but they didn't get cited in this week's rulings.
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One of the things about the court that many people overlook is that its members hold their positions for life. When Justice Roberts was originally selected, he was meant only to be on the "right wing" of Justice Rehnquist's court - and then Rehnquist died. This might have been a blessing for the "left wing" of the court, as he seems to be intellectually honest, in comparison to some other justices. And it is not a bad thing if we have a moderate conservative leading this court, than a political hack from either wing.
The right wing notes that virtually none of the recent advances in civil rights (e.g. Gay Rights) have originated from the elected branches of government. And the Left correctly counters - that's because those who demand their rights have had to fight for them. No rights are ever recognized for free. So it may just make sense to have a court that leans a little to the right, as to make sure that any rights are recognized by society, that these rights are the type that basic and inalienable, regardless of the dominant culture at the time.
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Justice Rehnquist noted that the Supreme Court should be the weakest branch of government. And I'm not sure if I can agree with him. Sometimes, I feel that we need a "sane man" court to check and balance the elected branches of government when they run amok. But then one question always comes to mind....
Quis custodiet ipsos custodes?
(Who will guard the guards themselves?)
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