Remix.run Logo
keernan 6 hours ago

>>And it doesn't even begin to cover activist judicial practices.

The Constitution created SCOTUS as a political body.

The sole role of a Supreme Court Justice is to cast votes.

The constitution places zero restrictions on how a Justice decides which way to vote. The Justice is not bound by anything in deciding how to vote.

That includes bribery or other corruption. If bribery is proven, the Justice is subject to criminal prosecution. But conviction does not remove the Justice from office. And removal by impeachment does not undo the cases decided by the corrupt votes of the Justice.

Every vote of every Justice in US history was an "activist judicial practice" in the sense that each vote was made for personal reasons of the Justice that we will never know (opinions only reflect what a Justice chose to say, which in no way means it reflects the personal reasons for the Justice's vote).

Your comment is a political statement about a political body - although you seem to incorrectly believe you are making some type of legal statement.

tracker1 5 hours ago | parent [-]

I didn't say SCOTUS or Justices? Even then, even if they are making political decisions, there's still the illusion of something resembling reason behind those decisions... that's far from some of the activist decisions further down the line at the district level.

keernan 3 hours ago | parent [-]

I should be more careful with my terminology. By saying the constitution made SCOTUS a political body, I meant that the design of the constitution is such that SCOTUS is free to interpret the Constitution (and laws) as it sees fit.

The Constitution is designed such that it defines no rules and places no restrictions upon how Justices are to interpret the Constitution. The original design of the Constitution is that the Justices are to interpret the laws of the United States as they see fit.

There is no such thing as an "activist" Supreme Court.

The suggestion there must be an "Originalist interpretation" of the Constitution (e.g. it must be interpreted as intended by the Founding Fathers) is pure hogwash. If that were so, then by an "Originalist interpretation" the Constitution would already say so (and of course it doesn't). Nevertheless political conservative Justices actually made that part of their opinions that now impose the concept of "originalism" when interpretating the Constitution. A pretty neat magical trick by which the conservative Justices violate the philosophy of "originalism" to impose "originalism".

And as for "further down the line at the district level", there is likewise no such thing as an "activist" court - in the sense that lower courts, unlike SCOTUS, are constrained by the Constitution and statutes passed by Congress. There cannot be "activist" district courts to the extent that if they overstep their bounds, SCOTUS will be called upon to address it.

The phrase "activist court" is nothing more than a fictional invention of The Federalist Society. If there are actual politics being played in SCOTUS (this time I mean Republican vs Democrat), it is the Republicans through The Federalist Society and appointments to SCOTUS of Federalist Society Members. But now I am chasing down a rabbit hole that is best avoided.