garylouisville said...
I've been very disappointed in the supreme court the last several years. I used to respect the court as they were supposed to be the best of the best legal experts and supposedly knew the law better than anyone else. It really makes you wonder though when the court is divided 5-4 on any issue. Recently of course it was the Obamacare thing but it could be any topic really. To me it is a black and white issue. Either something passes the muster or it doesn't. It seems like supreme court decisions should always be 9-0, 8-1, or 7-2. How can 9 justices look at something which is supposed to be a legal issue and half think one way and half the other? It is either legal or it isn't and if they all know the law so well then it should always be a lopsided victory. Whether it is Obamcare or Roe vs. Wade, how can we trust the court to be nonpartisan when Roe vs. Wade or Obamacare is decided one way one year and then later on a different court could decide the same exact thing totally different. That takes it away from being a strictly legal issue and makes it a purely partisan issue because if it were only a legal issue it would always be decided the same way no matter what the makeup of the court was. Our most important legal issues are going to be decided, not by the law, but by the makeup of the court. Should abortion be legal just because there happened to be more liberals on the bench at the time of the decision or should abortion be illegal just because there are more conservatives on the bench at the time of the decision? Which one is right, or has the supreme court become just a useless branch of politics?
By the way, my family's health insurance premiums went up over $2,000 this last year, mostly because of me. Obamacare will probably help me out with lower premiums when it is fully implemented but I pitty the poor suckers who are healthy who will be paying higher premiums because of people like us.
It isn't just about
legal versus "not legal." Our system of laws isn't just made up of laws - it is also made up of the body of jurisprudence, or "case law," that has interpreted those laws over the years. The Supreme Court RARELY reverses itself. Rarely. In fact, I can only think of two instances - segregation (Plessy v. Ferguson) and sodomy (Bowers v. Hardwick). That is a pretty darn good track record.
The law is just not black and white. Take for example, the prohibition on "cruel and unusual punishment." Did they really mean AND? Like, it has to be both cruel and unusual to be prohibited? Or could it be one or the other? This is about
judicial philosophy - strict constructionist versus the idea that the laws / constitution is a "living document." I spent 3 years in law school studying this, and there is no way I can really explain what I mean in a random post on a message board, but please believe there is more to it than just yes/no black/white.
I didn't really understand it until I started writing motions of my own. You can be dead set on an interpretation of the law, and then do all of the research, be half finished writing the thing, and change your mind.