General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWould you consider this Supreme Court an "activist" Court?
They gave us Citizens United, and today, they voted against the environmentalists on the coal-powered plants. But, they have also voted for Obamacare and same-sex marriage. They also voted to give citizens the right to do redistricting, rather than hand it to the state legislatures. They have had decisions that both sides have applauded and derided.
In my opinion, they are very political. They make their decisions based on what might be popular for the Republicans in the next election, or to get Republicans off the hook on some issues, such as Obamacare and same-sex marriage. They knew that the Republican Party had no back-up for Obamacare if it was declared unconstitutional. They also knew that same-sex marriage was gaining in the polls and the Republicans could end up taking a very unpopular position. In the manner that they ruled, it is still good for the Republican base and keeps their Party intact for the next election.
Basically, they have ruled with the Democrats on social issues and with the Republicans on economic or corporate issues. I think they are more political than "activist".
randys1
(16,286 posts)for them doing the right thing when those 5 so often do the wrong thing
stevenleser
(32,886 posts)KG
(28,752 posts)stevenleser
(32,886 posts)Prism
(5,815 posts)It's obvious that justices are partisan and there are certain outcomes they seek, especially on major cases. The contest is to see who can write the best decision that makes it appear they're not doing this.
Sometimes it cuts our way, sometimes not.
But the very fact we have to sit here and appoint "Democratic" and "Republican" justices reveals that open secret. Judicial philosophy is like this facade, a game we play to pretend, that our side or their side aren't just ruling to give us what we want.
Not that I'm particularly complaining this week. And using the 14th Amendment to protect gay people as a class is an obvious step for me.
matt819
(10,749 posts)I realize that the crazies on the right love to use that term, and I suppose the only way to respond to their idiocy is in the language they understand.
But the reality is that the court is termed activist only when it delivers a decision you disagree with. Same sex marriage - not activist. Obamacare - not activist. Contortions over the death penalty drugs - activist. You get the idea.
So it's time to put this particular description out of our misery.