5stringJeff said:Checks and balances occur between branches of governments, not between political parties.
Theoretically, that's true...ecept when one group controls all three branches of government. Since the Republican Congress clearly won't act as watchdog over the executive, it falls to the Democrats to act as a check on limitless power. In this particular case, the Republican Court DID check it's own and, as you can see from the comments on this thread, those Republicans are being called "liberals" and are being roundly chastized.
I say "good on Kennedy and Souter!". They've got a lifetime appointment and didn't let politics get in the way of good law.