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Community Corner

Keeping SCOTUS Rulings in Perspective

My expertise is not in constitutional law or the Judicial Branch, but in macro social systems and the interaction between social institutions. In the gross analysis of the role of the courts and in particular the SCOTUS, it represents the critical 'hinge' between the legislative and executive branches, maintaining a rough balance of power between the other two dynamic institutions. Another role of the SCOTUS is to function as a governor of social change, often slowing or speeding up the rate of change.

Ideally, the courts are to be politically impartial, but that is more fantasy than reality. All that can be really hoped for is that judges and justices will set aside their politics and address each issue only on its merits and associated facts. Of course 'world views have a significant impact on how impartiality is determined and the interpretation of the facts. I am sure that Justice Scalia sees himself as impartial and unbiased, yet in general he is regarded as a highly biased core conservative. On the liberal side, Justice Ginsberg is regarded as having a strong liberal bias in the tradition of the justices of the Warren Court.

The SCOTUS has always been a controversial institution from the John Marshall appointment in 1801 until the present court headed by Chief Justice John Roberts. In its history, which began with very little literal and clear direction from the US Constitution, it has constructed a place of action to perform what has become its stated and accepted function. So what are we to think about the current court?

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Keeping in mind how the court operates, there will be a continued emphasis on interpretation of the First Amendment. Up to this point in time, the Robert's Court is closely focused on defining the parameters of rights and responsibilities of human created social entities and organizations such as corporations. This court and future courts will continue the struggle of determining fundamental human rights.

I don't see any dramatic changes with the makeup of the court unless it experiences some unexpected loss of one or more of its justices. Obama has made his appointments, strengthening the progressive wing and ideology. Therefore, the next opportunity for any major change in the court's makeup will probably come from the 2016 presidential election. This makes the 2016 general election all the more important. Republicans who have been pleased with the action of the current court will mobilize its base emphasizing the control of the courts, while Democrats will attempt to mobilize its base emphasizing gaining more appointments to the courts with a Democratic president.

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I am not getting all excited with the recent rulings by this court. Given enough time it will shift again and the injustices can and will be corrected in time. It is better to take the long view considering the nature of courts.


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