The Supreme Court's Role and Its Current State: A Deeper Look
When discussing the current state of the Supreme Court, it is essential to understand its role within the legal framework of the United States. Joe Biden, along with many others, has labeled the Supreme Court as 'not a normal court.' However, this statement can be nuanced based on various perspectives.
The Definition of 'Normal' in Court Systems
Some may argue the current Supreme Court is indeed a 'normal' court, especially when considering the history of judicial interpretation. For instance, Justice Scalia demonstrated the court's flexibility by artfully interpreting the Tenth Amendment, exemplifying the court's role in constitutional interpretation.
Others might contend the court is exceptional due to its current composition and rulings. In fact, it is the first fully constitutionally-loyal court in decades, one that has robustly adhered to the principles enshrined in the Constitution. The composition of the court, with a majority of Catholic judges, has raised concerns regarding the potential impact of religious views on judicial decisions.
The Controversial Judges
Several judges on the court, including Brett Kavanaugh, Amy Coney Barrett, and Clarence Thomas, have faced criticism for their actions and rulings. Kavanaugh's past involvement with 'dirty tricks' for the Republican Party during the Clinton years and inappropriate behavior towards women have tarnished his reputation. Barrett, on the other hand, was implicated in the political process during her judicial nomination, which set a precedent that was not applied to previous nominees by different administrations.
Thomas has also faced scrutiny for his role in supporting the January 6th insurrection and his alliances with others who have been involved in such activities. The court's recent rulings, particularly those related to abortion rights and affirmative action, have further highlighted concerns about the court's composition and its potential skewing towards certain religious perspectives.
The Role of the Supreme Court
The Supreme Court's role is to interpret the Constitution and determine the constitutionality of laws. It does not legislate new laws, repeal existing ones, or create new constitutional rights. Joe Biden's characterization of the court as 'not normal' stems from the political leanings and outcomes of its recent decisions.
For instance, regarding the 2nd Amendment, the right 'to keep and bear arms' is fundamental, not limited to military use, sports, or hunting. Restrictions based on misconceptions about 'weapons of war' are widely disputed. Similarly, abortion rights derive from individual state laws, not the federal constitution. The recent Dobbs decision did not make abortion illegal but rather reaffirmed the principle that state legislation governs abortion rights.
The Return to Normalcy
Many argue the court is returning to a more balanced state, away from the period characterized by an 'activist' court with a left-leaning bias. This transition is a natural evolution of the judicial process, reflecting a growing societal awareness and acceptance of diverse perspectives.
As we look towards the future, it's important to remember that the Supreme Court's duty is to uphold the Constitution, regardless of the consequences. The court's recent rulings on issues like abortion, affirmative action, and gun rights demonstrate its ongoing role in shaping the legal landscape of the United States.