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SCOTUS is too powerful. It should just decide cases, manage the lower courts, and, if necessary, determine if the Constitution is violated. But instead it also fashions laws out of thin air and creates nebulous new rights. It’s nine philosopher kings and queens are responsible
to no one. Congress has allowed SCOTUS to become so powerful. Congress expects SCOTUS to eventually solve its messy legislation and failures to legislate.
It wouldn’t feel like a constitutional crisis is imminent with every new SCOTUS vacancy if Congress did its job.
It wouldn’t feel like a constitutional crisis is imminent with every new SCOTUS vacancy if Congress did its job.
As for replacing RBG now, the Constitution permits it. It permitted Obama to receive the advice and consent for Garland in 2016, but Mitch McConnel made a legal power play. It takes great mental gymnastics to justify the power play, especially while wanting a vote on a new
nominee now. Mitch’s power play led the Democrats to demonize Kavanaugh and turn his hearing into a defamation circus. The craziness has to end on both sides.
SCOTUS plays an important role in America, even if I think it is too powerful. The politics surrounding nominations delegitimizes SCOTUS. I have no solutions, just laments.
