Liberals Aren’t Discrediting the Supreme Court — It’s Discrediting Itself:
, consumers, and labor, and, most of all, less messy democracy with “the political branches” and “the people” sticking their necks into the Court’s increasingly broad domain.
The fact a majority of Americans do not support most of these actions is apparently of no importance., these far-right justices “all came of age as lawyers as part of the same Federalist Society clan. These are people who were bred from their earliest days in the law to be precisely what they have become—ideological combatants, united in purpose, playing the role of judges.”
This can be seen in the conservative majority’s contempt for precedent. The term “legal precedents” refers, of course, to prior decisions of the Court. Under, courts are expected to usually, though not always, follow their earlier decisions. While this may sound like legalese, respect for precedent is central to the legitimacy of the judicial process.
In other words, judicial respect for precedent is inherent to the constitutional separation of powers. By respecting stare decisis, a court shows a seriousness about minding the boundaries of its power. When a court follows existing precedent, instead of simply imposing the policy beliefs of the court’s current occupants, in a very real sense it applies the judicial wisdom of the ages, as handed down. Even the members of the United States Supreme Court, the most powerful court in the country, do not, or at least are not supposed to, exercise that power by themselves.
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