DGS49
Diamond Member
When I was studying ConLaw in Law School, we had many discussions about the Warren Court and subsequent Leftist versions of the USSC, and how they were "shaping" the Constitution into a new form that the Founders had never imagined. The common joke was that, the longer a Supreme Court decision was (number of pages), the more likely it was total bullshit.
The obligation of the justices is to look at the case - the facts, the law and the Constitution - and determine whether the law was correctly applied, and whether the law, as applied by the trial court, was Constitutional. That's it, nothing complicated.
There were many, many times when the justices with integrity were compelled by their duty on the court to come to a conclusion that they personally found repugnant. For example, someone was legally and constitutionally convicted of a crime that they considered stupid. But they humbly set their own personal opinions and feelings aside, occasionally remarking in their written opinions that the legislature ought to reconsider the law in question and change it, because in this case it had brought about an odious result.
But for justices like RBG, this internal struggle never happened. She decided in advance which side she wanted to win - usually some oppressed individual who had got caught with his pants down, then she crafted an opinion that appeared to justify the result. She never wrote an opinion that contradicted her personal social or political philosophy. This is why the bullshit opinions were so long. They had to take the law and twist it around to mean something that the legislators who wrote it never intended. And of course they shamelessly twisted the Constitution itself in exactly the same way, finding, for example, a "Constitutional right" to marry someone of the same gender, a "Constitutional right" to get an abortion, and so on.
Consider that there is not a single Federal law on the books that authorizes the form of racial discrimination that has come to be called, "affirmative action," in all of its forms and guises. IT IS ALL COURT-CREATED "LAW."
In fact, much, if not most, of the Leftist trend in American governance has been brought about by judges and justices like RBG, who ignore the law if it doesn't suit their personal predilections, and write opinions and make findings that contradict both the letter and the spirit of the laws, thus rendering the Legislators - the peoples' representatives - impotent in setting social and economic policy.
RBG was a lot of good things, but she was a BAD justice on the Supreme Court. If all goes as planned, her death may be her greatest contribution to American jurisprudence. Ironic, isn't it?
The obligation of the justices is to look at the case - the facts, the law and the Constitution - and determine whether the law was correctly applied, and whether the law, as applied by the trial court, was Constitutional. That's it, nothing complicated.
There were many, many times when the justices with integrity were compelled by their duty on the court to come to a conclusion that they personally found repugnant. For example, someone was legally and constitutionally convicted of a crime that they considered stupid. But they humbly set their own personal opinions and feelings aside, occasionally remarking in their written opinions that the legislature ought to reconsider the law in question and change it, because in this case it had brought about an odious result.
But for justices like RBG, this internal struggle never happened. She decided in advance which side she wanted to win - usually some oppressed individual who had got caught with his pants down, then she crafted an opinion that appeared to justify the result. She never wrote an opinion that contradicted her personal social or political philosophy. This is why the bullshit opinions were so long. They had to take the law and twist it around to mean something that the legislators who wrote it never intended. And of course they shamelessly twisted the Constitution itself in exactly the same way, finding, for example, a "Constitutional right" to marry someone of the same gender, a "Constitutional right" to get an abortion, and so on.
Consider that there is not a single Federal law on the books that authorizes the form of racial discrimination that has come to be called, "affirmative action," in all of its forms and guises. IT IS ALL COURT-CREATED "LAW."
In fact, much, if not most, of the Leftist trend in American governance has been brought about by judges and justices like RBG, who ignore the law if it doesn't suit their personal predilections, and write opinions and make findings that contradict both the letter and the spirit of the laws, thus rendering the Legislators - the peoples' representatives - impotent in setting social and economic policy.
RBG was a lot of good things, but she was a BAD justice on the Supreme Court. If all goes as planned, her death may be her greatest contribution to American jurisprudence. Ironic, isn't it?