Headline: "The Supreme Court Is Not as Politicized as You May Think"

Procrustes Stretched

And you say, "Oh my God, am I here all alone?"
Dec 1, 2008
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Headline: "The Supreme Court Is Not as Politicized as You May Think"
Opinion
Guest Essay

The Supreme Court Is Not as Politicized as You May Think​



I've long held the position that the Supreme Court Is Not as Politicized as most people believe. Most attacks on it being far too political are driven by gulp, uhmm, errr -- politics.

I believe it was I who asked to have the Constitutional Forum contain two sub forums: Judicial Philosophy and Judicial Interpretation. Did I erred in my opinion that members here wanted to, or were able to have seriously informed discussions on distinctions regarding the US Constitution and the role the SCOTUS plays in it's reasoning and decisions? I don't know.

Just as people more often than not conflate Democrat, Liberal, Progressive, Left into one Yuge entity -- or conflate Republican, Conservative, Libertarian, Rightwing and now MAGA into another -- people conflate Ideology and Politics into something that's more a caricature of a caricature -- really into a simulacrum.

With the start of the Supreme Court’s new term, we will see and hear much debate lavished on blockbuster cases — the controversial opinions that play an outsize role in the public’s perception of the court and that tend to split the justices, and the country, in predictably ideological ways. In recent terms, these include the Dobbs decision overturning Roe v. Wade, the affirmative action decisions, the student debt relief case, the vaccine mandate case, the Centers for Disease Control eviction moratorium case and the Clean Air Act case about climate change.

The Dobbs and the affirmative action cases are among the relatively small number of primarily constitutional cases before the court each term. The others are among the much larger side of the docket primarily about the interpretation of acts passed by a legislature.

Broadly, these cases have come to define the Supreme Court for Americans who now see it as overly politicized and question its legitimacy. The cases often affect millions of people and, as with the Dobbs decision, touch deeply held convictions.

But the ideologically charged opinions are not the only cases the Supreme Court decides. It might surprise many people to know that in a majority of the cases the court hears, liberal and conservative justices frequently come together on the decisions. Looking closely at a major portion of the court’s past few dockets — in cases that also affect millions of people — tells a different story about its work.
 
Headline: "The Supreme Court Is Not as Politicized as You May Think"
Opinion
Guest Essay

The Supreme Court Is Not as Politicized as You May Think​




I've long held the position that the Supreme Court Is Not as Politicized as most people believe. Most attacks on it being far too political are driven by gulp, uhmm, errr -- politics.

I believe it was I who asked to have the Constitutional Forum contain two sub forums: Judicial Philosophy and Judicial Interpretation. Did I erred in my opinion that members here wanted to, or were able to have seriously informed discussions on distinctions regarding the US Constitution and the role the SCOTUS plays in it's reasoning and decisions? I don't know.

Just as people more often than not conflate Democrat, Liberal, Progressive, Left into one Yuge entity -- or conflate Republican, Conservative, Libertarian, Rightwing and now MAGA into another -- people conflate Ideology and Politics into something that's more a caricature of a caricature -- really into a simulacrum.
BUt logically the whole question is When is this issue settled ? Well it is settled, this is what we have after 250 years. WE have our answer.
 

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