The infallibility of SCOTUS
US Supreme Court makes it up as it goes along ... Contrived cases to fit a reactionary agenda ... Plaintiffs with no standing ... Further indulgence for religious discrimination ... Under-equipped judges on a rampage ... Roger Fitch reports from Washington
The supreme court is in free-fall, an outlaw court making extrajudicial decisions. Spurious or controversial legal doctrines, some invented by the court, are deployed to achieve desired results: usually, the rolling-back of progressive legislation.
A court that once heard 200 cases a year now hears less than 60, yet far from exercising any judicial restraint, the justices seem to relish "culture war" cases that fit the Catholic majority's rightwing agenda.
The cases that the court now agrees to hear, often manufactured by special-interest groups, are designed to give the conservative majority constitutional "cases or controversies" with which they can overturn policy decisions they dislike, and they're not afraid to manipulate standing and jurisdiction in order to hear them.
A common characteristic of these decisions has been the confusion they cause, but more than that, they bring into question the court's legitimacy. There's an apprehension that the court is becoming a super-legislative body from which there is no appeal, infallible because final, and it's borne out by the final decisions of this year's term:
Habeas corpus
The court began by dashing the hopes of prisoners, closing down appeals based on claims of actual innocence, in the appalling Jones v Hendrix, more here.
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