Monday, July 20, 2015

Supreme Court criticism & reform and Ox-Goring

Almost all critique of the Supreme Court and calls for 'reform' come from someone who just took a major hit in America's culture wars.  The left-leaning New York Times is one of the worst examples.  Disappointament in the result is cloaked in meritless 'legalistic' arguments.  The Left screamed bloody murder when the Court held that individuals not connected to a militia had a Second Amendment right to keep and bear arms.  The Right has a major melt-down when the Court upheld Obamacare twice and supported legal gay marriage.  Personally,  I don't go apoplectic when I disagree on the big cases.  Yes, the Court oversteps when it makes policy decisions in the guise of judging.  But let's apply that critique even when we win.  Whether it's politics or jurisprudence, every side takes its lumps occasionally.   I try to avoid the sour grapes and get over it.  The Court changes and you can't win them all.  Hang in there to fight another day!  As Jonathan Zimmerman wrote:

"So let’s suppose that the Supreme Court had struck down Obamacare and same-sex marriage last month instead of upholding both. Would Texas Sen. and presidential aspirant Ted Cruz be demanding a constitutional amendment requiring the Court’s justices to stand for election in order to keep their jobs? And would liberals be rallying to the defense of the Court, and condemning any effort to alter its supposedly august traditions?
Of course not. Throughout our political history, the team that loses in the Supreme Court has tried to alter the court’s power and influence. This battle isn’t about deep judicial principles or timeless heritage; it’s about whose ox gets gored."

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