Justin's Moderate Length Opinion

There's so much crap going around about the SCOTUS's ruling, I'm actually kind of sick of it and lost my will to write one of my dreaded walls of text (TM). Here's the short (for me) (no pun intended) version:


I wish this had been allowed to happen through legislation rather than judicial fiat. The justices are nigh irremovable from their office and their rulings basically insurmountable once made. The hardest check on them is the extremely limited scope of their power. Perhaps there is wiggle room to argue that they didn't overstep their bounds given the precedent of Marshall's opinion on the broader purpose of judicial review as stated in Marbury versus Madison, but I still say they overstepped the spirit of their constitutional duties, if not the letter of them. My lawyer friends are free to chime in with their opinions.

Yes, I have friends who are lawyers, like you don't have shady acquaintances.

That being said, going hog-wild and completely redefining the entire process of judicial review, nomination, confirmation and allowing congress to remove justices they don't like would be an even bigger fracture in the system, so, no, we shouldn't do that either.

I just want everyone to start respecting the damned rules again. That is a bipartisan complaint, btw. The thing that keeps us from shooting each other is a functioning republic, once that truly breaks down it becomes a matter of who can bribe, coerce and, eventually, kill their way to what they want. Yes, that's dramatic, but seemingly stable societies have collapsed numerous times in history. The results are inevitably worse than the status-quo-ante-collapse.