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Ms. Toad

(34,059 posts)
18. Not a good idea.
Thu Jun 27, 2013, 01:52 AM
Jun 2013
Institutional memory - there is great value in not reinventing the wheel every few years just because the ever-new crop of justices can't remember what a wheel is. I worked for a judge who could remember nearly every case for the preceding 20-ish years he had been on the court, and could find cases decided by other influential courts it would be unlikely anyone would have found using standard legal research. It wasn't that the cases always went his way, or that we relied on his memory to tell us what a case said - we always pulled the actual cases - but his grounding in the history of the court meant the decisions were relatively consistent over time. The law needs to be consistent so people who make decisions based on the law can rely on the rug not being pulled out from under them just because all of the institutional memory vanished.

Insulation from political influence. That may seem odd, but how a jurist performs on the bench often has little relationship to the party which appointed him. There are many factors which lead to this, but two of them are being completely disconnected from political influence (in the sense that once appointed you no longer rely on party affiliation as a job retention prerequisite), and working on the breadth of cases which come before the court over time with some of the best legal minds around (both your fellow justices, and the cream of every year's law school graduates as judicial attorneys). Justice O'Connor and Justice Kennedy were appointed by Reagan, and Justice Souter was appointed by Bush. Just to name a few recent examples, but it often takes time to mature into a view which is independent of the person/party who appointed you (and there are, of course, a few stinkers who never do).
It's really simple. William769 Jun 2013 #1
Yesterday's SCOTUS interpretation was nothing more than an interpretation? chknltl Jun 2013 #3
They never overturn anything. William769 Jun 2013 #6
If youre talking about the VRA case, Volaris Jun 2013 #2
A caller to Hartmann's program suggested this remedy: chknltl Jun 2013 #9
Not a good idea. Ms. Toad Jun 2013 #18
Small disagreement - The 3 branches of government cannot be "co-equal"....... suston96 Jun 2013 #4
The 'co-equal' notion came from an old civics class. chknltl Jun 2013 #12
I made that mistake years ago..... suston96 Jun 2013 #15
Chief Justice John Marshall's words from 1821 just put a huge smile on my face. chknltl Jun 2013 #17
scalia selected bush as president and ignored democrasy samsingh Jun 2013 #5
Yeah, he aint on my Christmas card list either. nt chknltl Jun 2013 #14
I would say that yes, the SC does get to over-rule the other branches, and thwart petronius Jun 2013 #7
One other thing is SCOTUS has no enforcement capability Katashi_itto Jun 2013 #8
That is not why DOMA ended up in front of SCOTUS, Ms. Toad Jun 2013 #20
Wow. So of the three they do have the most power chknltl Jun 2013 #16
In response to several of the posts here Revanchist Jun 2013 #10
Justice Scalia is contridictding himself in regards to how he ruled on Citizens United. Douglas Carpenter Jun 2013 #11
No, he didn't get it right. And he completely contradicted himself with his VRA opinion, pnwmom Jun 2013 #13
The fact that our Supreme Court is partisan one way or the other just shows how corrupt our liberal_at_heart Jun 2013 #19
No. Iggo Jun 2013 #21
Latest Discussions»General Discussion»Did Justice Scalia get it...»Reply #18