Saturday, February 20, 2016

The Supreme Court

I feel curiously unmoved by reports of Scalia's passing. I have not really kept up with anything involving him in the news. His replacement could be better or worse. He certainly lived a long life.

I haven't followed Supreme Court cases much. Even the gay marriage case I am not adequately familiar with. As for Scalia, sometimes I agreed with him, but more often I think, not. He was a jurist, not a politician or philosopher. His merits can be debated among legal scholars. I do not think he was either the best or the worst. He was not consistent in his philosophy but seemed biased in his interpretations, giving a lot of bend to his principles when it suited his personal beliefs. I prefer other jurists.

I don't really like the idea of a Supreme Court with power to make or reinterpret law. Ideally, that is, in an imaginary perfect world that does not exist, law should be determined by the legislative branch. However, our legislative branch is conservative and slow to act, except in cases of war. They act fast where there is any chance of military action. It seems to me they are hungry for it, because that means lots of extra money for their rich clients. For other things, such as social reform, they are glacial. I think that many reforms should be passed to make our legislative branch better. Then the Supreme Court would not be asked to do those things the legislative branch is too ignorant to do.

However, a thing may be judged on its effects, rather than its appearance. The effects of some Supreme Court rulings have been good in some case, ill in others. On balance, perhaps, good?

There is something to be said for a law issuing forth, not from a group of politicians, but from the ultimate transcultural, material and spiritual symbol of justice and power in the world, the Judge, dressed in his robes, reigning in court, like an ancient king in his awesome dignity. Is it not right that we should do as the kings and queens bid of us, even as our ancestors did far back into time immemorial? Our docile submission is in our blood. Even the wise feel awed by a Supreme Court decision, grounded in reason and invested with all the authority that only a group of judges can give. Much is just show, but how many perceive that, and how many, even perceiving, feel awed all the same?

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