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User Info Freedom Of Speech: How Quaint; entered at 2010-01-23 19:05:58
Xennady
Posts: 4455
Registered: 2008-03-18
Quote:
As a practical matter, it seems kind of foolish to make a major change of direction like this with just a 5-4 vote. Generally the court tries to get super-majorities in cases like this. If the makeup of the court were to change under Obama, and it probably will, we could easily see the court go the other way again on campaign finance. It's not good for the law of the land to be so unpredictable.


It seems to me that if you object to this sort of unpredictability you are essentially challenging the doctrine of judicial supremacy which goes back about 200 years. Who's the radical now?

I agree that it is bad practice for the law of the land to be that way but that's the system we stumbled into. Any attempt to change that now absent an utterly clear and overwhelming public consensus would likely turn out badly as a significant portion of the population would regard the resulting changes as illegitimate.

So if nothing else a major direction change as you call it that really raises the hackles of the left would be helpful. They'll feel the pain conservatives feel from other cases such as the Roe v. Wade decision. Then perhaps the left and right might agree to changes that will eliminate the possibility of only five unelected people making decisions that fundamentally change the country regardless of the wishes of the public.
2010-01-23 19:05:58