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It's Time for Some Order in This Court

By Kevin Spak,  Newser Staff

Posted Jun 2, 2009 9:21 AM CDT
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(Newser) – There’s a lot at stake in the Sonia Sotomayor confirmation hearings, writes Ross Douthat in the New York Times, because the Supreme Court isn’t just a court. It’s “gradually become a kind of extra legislative body—a nine-person super-Senate graced with the power of the veto.” Before 1954, the court overturned just 77 federal laws; since then, it’s overturned more than 80. "Settling so many vexing controversies with 5-to-4 votes is an awfully poor way to run a republic."

Conservatives have long, and justly, blamed liberals for this shift, but they too turn to the Court to subvert laws they don’t like. We ought to rein in its power by requiring a 6-3 “supermajority” to overturn a law or giving justices 12-year term limits. Doing so would remind us that the Court is “a deeply political institution, as fallible as any other, and answerable, when all is said and done, to us.”

In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.
In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.   (AP Photo/J. Scott Applewhite, FILE)
Members of the U.S. Supreme Court sit for a group portrait at the Supreme Court in Washington in this March 3, 2006 file photo.
Members of the U.S. Supreme Court sit for a group portrait at the Supreme Court in Washington in this March 3, 2006 file photo.   (AP Photo/J. Scott Applewhite, File)
Supreme Court nominee Sonia Sotomayor meets with members of the White House Counsel's office in the Eisenhower Executive Office Building on the White House Complex in Washington, June 1, 2009.
Supreme Court nominee Sonia Sotomayor meets with members of the White House Counsel's office in the Eisenhower Executive Office Building on the White House Complex in Washington, June 1, 2009.   (AP Photo/Charles Dharapak)
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COMMENTS
Showing 3 of 6 comments
Robert_Dada
Jun 2, 2009 11:21 AM CDT
I don't like it either. It's the only branch of government that has a degree of permanence, creating a balance over the overall landscape. Let's not all clamor for 'changes' to the structure when we don't get what we want through the decision process.
AnnieChrist
Jun 2, 2009 10:04 AM CDT
To clearsight: No simpleton, what I am saying is, if a bunch of redneck legislators try to enact unconstitutional laws that try to zzturn back the clock on civil rights, the SCOTUS will overturn them.
Corona_Kinq
Jun 2, 2009 8:02 AM CDT
@ClearSight -- That's the saddest attempt at a straw man argument I've seen in awhile.

Two ways for the right to approach Sotomayor
Forbes

The roots of judicial activism
NPR

Court's power has become litmus test
St. Louis Post-Dispatch

 
constitution • judicial • US Supreme Court • Ross Douthat • Sonia Sotomayor

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