>The stronger dividing line is textualism vs pragmatism.
They should be doing what is right for the American people. There are clearly laws on the books today which infringe on individual freedoms (abortion), harm society as a whole (citizens united), etc.
The 'justice system' is supposed to be the government branch protecting the little guy from powerful elites. I've not often seen that. I see the opposite. If the legal system won't deliver justice, well, people are going to take things into their own hands whether that's 'justice' or not. If you bury your child, and you see the people ultimately responsible get away with it, I'm not sure I could really blame them.
Strong but respectful disagree from me. Justice is supposed to be blind. And if right and wrong were so clear cut there would no need for democracy at all.
The court is not a democratic institution and exists to uphold the textual rule of law as determined by lawmakers. If a pragmatic ruling by the court can circumvent a politically logjammed congress, so be it. But the courts deciding what is right or wrong for the American people is a very slippery slope that leads to disaster. And a court that just rules against the (existing) elite every time is a junta.
They should be doing what is right for the American people. There are clearly laws on the books today which infringe on individual freedoms (abortion), harm society as a whole (citizens united), etc.
The 'justice system' is supposed to be the government branch protecting the little guy from powerful elites. I've not often seen that. I see the opposite. If the legal system won't deliver justice, well, people are going to take things into their own hands whether that's 'justice' or not. If you bury your child, and you see the people ultimately responsible get away with it, I'm not sure I could really blame them.