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Supreme Court Hacks?

The Supreme Court is the highest Court in the land.  The most respected Court in the land.  The most influential Court in the land.   But only if they act in such a manner.  The Court has recently had to defend itself by insisting that the court isn’t as partisan an institution as many outside observers make it out to be.

“My goal today is to convince you that this court is not comprised of a bunch of partisan hacks,” Justice Barrett said, according to the Louisville Courier Journal.

“The media, along with hot takes on Twitter, report the results and decisions… That makes the decision seem results-oriented,” Barrett added, according to the Courier Journal. “And here’s the thing: Sometimes, I don’t like the results of my decisions. But it is not my job to decide cases based on the outcome I want.”

“Judicial philosophies are not the same as political parties,” Barrett also said.

The youngest justice’s remarks come at a time when the court is under fire from Democrats who are railing against its recent decisions, especially a case about a Texas abortion law in which the Supreme Court allowed the law to go into effect while litigation is pending in lower courts.

“Republicans promised to overturn Roe v Wade, and they have,” Rep. Alexandria Ocasio-Cortez, D-N.Y., said, despite the fact the court’s ruling did no such thing and was merely procedural. “Democrats can either abolish the filibuster and expand the court, or do nothing as millions of peoples’ bodies, rights, and lives are sacrificed for far-right minority rule.”

“The Supreme Court has thrown the door wide open to Roe v. Wade being struck down,” Sen. Ed Markey, D-Mass., said. “Senate Democrats have the power to fix this problem right now by abolishing the filibuster and passing my legislation to expand the Supreme Court. We need to restore balance to the Court after Donald Trump and Senator Mitch McConnell blatantly stole the seats of Justice Scalia and Justice Ginsburg.”

Justice Breyer has emphasized in recent months that packing the Supreme Court could decrease its perceived legitimacy.  Barrett did allow Sunday that she and her fellow justices can make mistakes and said they must be “hyper vigilant to make sure they’re not letting personal biases creep into their decisions, since judges are people, too.”

Many are upset at Breyer for a series of comments he’s made warning against their court-packing schemes.   However, as Breyer pointed out, “if one party could do it, I guess another party could do it,” Breyer said of court-packing on “Fox News Sunday.” “On the surface, it seems to me you start changing all these things around and people will lose trust in the court.”

The Supreme Court’s job, just like every judge’s job is to have an opinion.  That opinion is to be based on the law – not public or private opinion.  Every party opponent, attorney, and media person can have a perception of what that opinion should be, however most of those people have not listened to the evidence or sat through the hearing.  That distinction rest with our Judges and whether you agree with the ruling – the rule of law must be respected.

The rule of law is defined in the Oxford English Dictionary as “[t]he authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.”

If the Rule of Law is not respected then those playing will continue to try to change the law until they get the result they desire.  By adding justices or putting pressure on the Court over legal determinations, political parties are playing a game with the Rule of Law.  The Law is not designed to serve you – you are designed to serve the Law.

Goldfinch Winslow | © 2021 | 843 .357 .9301