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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs SCOTUS too powerful?
SCOTUS is too powerful. It has unelected members that serve for life and have the power to strike down any law almost on a whim. It has no accountability whatsoever. It's only limitation is that a case needs to be brought before the court.
Once Kavanaugh is seated, Breyer & RBG are replaced with FedSoc justices, and SCOTUS strikes down law after law, only then will people understand the need to completely reform this institution.
dajoki
(10,685 posts)and possibly elections like state supreme courts.
Fullduplexxx
(8,609 posts)DemocratSinceBirth
(101,700 posts)dajoki
(10,685 posts)in this extraordinary era if it means more liberals on the court, then yes.
slater71
(1,153 posts)bitterross
(4,066 posts)Don't be so alarmist. They cannot strike down any law almost on a whim. That's just not true and your subsequent statement says one reason why. A case must wind its way up a very steep hill to get to them in the first place. They take very few cases that come to them.
They also have precedent to follow except in the most extreme of cases.
quadtetra
(46 posts)But once it does, it can strike it down on a whim.
If a case comes before the court regarding law X, the court could literally write:
"We find that law X is invalid because we said so."
End of opinion!
They have zero obligation to follow precedent. They have zero obligation to explain their reasoning. They could literally write the above one sentence opinion and it would stand as valid case law as long as a majority backed up that one sentence decision and opinion!