Do you think that the SCOTUS has become to political over the last several decad

Jump to Last Post 1-5 of 5 discussions (20 posts)
  1. bradmasterOCcal profile image29
    bradmasterOCcalposted 2 years ago

    Do you think that the SCOTUS has become to political over the last several decades?

    https://usercontent2.hubstatic.com/12041459_f260.jpg

  2. Ericdierker profile image50
    Ericdierkerposted 2 years ago

    Dang I just hate that when a question has a mistake of grammar -- the word would be "too". But we muddle on with the less than stellar writers.

    SCOTUS can not be too political. Our constitution is alive and reflects our lives and politics is a huge part of an aware person's life. They are not concerned with what you watch on the news or in your bedroom at night.
    SCOTUS must adapt and adjust and read and interpret with caution and integrity.
    Everyone of the SCOTUS is superb and our system of putting them there is awesome. Wow_-_ there absolutly no way no how a better justice system in the world. (some of the laws suck but that is the legislative branch within their bounds)
    Boyo boyo they better stay politically inclined it is why we have a balanced court.
    Dang that Scalia dying so young. God give him good things I pray. But we are rock solid perfect in our court. Wow they are awesome.
    With all that said i really detest some of their rulings.

    1. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      You are confusing typing with grammar.
      "Everyone of the SCOTUS" Glass house!
      Actually it was the Congress that setup the details of SCOTUS, thanks to the founders.
      I haven't found any SCOTUS decisions of any value to the country or the people.

    2. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      Go to law school so you can appreciate jurisprudence,

    3. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Eric
      I did and I have a JD, what about you.

    4. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      Very interesting comment coming from a JD "I haven't found any SCOTUS decisions of any value to the country or the people." How about Miranda?

    5. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Over the years the Miranda decision was watered down, as was the probable cause used to get search warrants, and stop people.

      The worst thing about the SC is the simple majority opinion. It dismisses the learned opinions of 4 jurists.

    6. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      Is there a better solution that you know of? Dissenting opinions may not be precedent but they can be persuasive given the right circumstance. I get your dissatisfaction. But do you have an alternative? Miranda watered down means it was good.

    7. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Miranda watered down gave suspects less protection.
      In my hubs, I have advocated that the simple majority of SC decisions sb replaced with a 6-3 or even better 7-2 which is more in line with passing amendments. SC decisions sb made cautiously,

    8. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      I merely took issue with this statement:  "I haven't found any SCOTUS decisions of any value to the country or the people." And we agree Miranda was a good decision -- now as you say watered down. Brown?

    9. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Miranda dn resolve the issue of protecting the 5th am, right to remain silent, as evidenced by the watering down. MIranda was actually one of four decisions tied together for the SC decision, and MIranda literally dn survive.

    10. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      Mea Culpa.
      Your question limited the time line and Miranda and Brown are outside of it. I am working on a decision that would meet your criterion. I am damned hard pressed -- good point.

    11. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Erik

      That was very nice of you.
      I would extend the ? to the last one hundred years.
      I consider decisions growing the size and scope of the feds political, just to let you know. It is more against the guidelines of the founders.

    12. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      As a scholar I was required to do my two hours of reading to honor Scalia here are four
      D.C. v. Heller (2008)
      Lujan v. Defenders of Wildlife (1992)
      Printz v. United States (1997)
      Brown v. Entertainment Merchants Ass'n (2011)

    13. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Eric
      It took less than 5 minutes to read these, and they were in one link on my search.

      Anyway, these are interesting cases but we could live without them. I like Scalia but these cases shouldn't even be heard by the SC.

    14. Ericdierker profile image50
      Ericdierkerposted 2 years agoin reply to this

      Go ahead let us  get down to basics. Pick one of those cases. Argue why it should not be in front of the SC. I will argue against you. Supreme Court is not made up of gross generalizations but hard stuff on a case by case basis. Sweeping change?

  3. tamarawilhite profile image91
    tamarawilhiteposted 2 years ago

    When the Supreme Court moved beyond interpreting the law narrowly and inventing rights like a right to abortion, voting Obamacare is both a tax and not a tax as necessary to uphold the law, and inventing same sex marriage, it became as political as the legislative branch.

  4. breakfastpop profile image88
    breakfastpopposted 2 years ago

    The answer is a resounding "yes."  The passing of Justice Scalia is a great loss. He fought hard and fair, and his great legal mind will be sorely missed. With his passing the move towards more political decisions will accelerate.

    1. bradmasterOCcal profile image29
      bradmasterOCcalposted 2 years agoin reply to this

      Thanks POP
      This is sort of like the forces that were in Super Storm Sandy. Two strong forces working together to increase the strength of the storm.
      Politically, pres campaign, one strong force, and then Replacing Scalia, another strong force.

  5. CatherineGiordano profile image99
    CatherineGiordanoposted 2 years ago

    Absolutely. That became clear after Bush v. Gore. You can see it because there is so often  a 5-4 split based on the political leanings of the justices.

 
working

This website uses cookies

As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

Show Details
Necessary
HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
LoginThis is necessary to sign in to the HubPages Service.
Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
AkismetThis is used to detect comment spam. (Privacy Policy)
HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
Features
Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
MavenThis supports the Maven widget and search functionality. (Privacy Policy)
Marketing
Google AdSenseThis is an ad network. (Privacy Policy)
Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
Index ExchangeThis is an ad network. (Privacy Policy)
SovrnThis is an ad network. (Privacy Policy)
Facebook AdsThis is an ad network. (Privacy Policy)
Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
AppNexusThis is an ad network. (Privacy Policy)
OpenxThis is an ad network. (Privacy Policy)
Rubicon ProjectThis is an ad network. (Privacy Policy)
TripleLiftThis is an ad network. (Privacy Policy)
Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
Statistics
Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)