The United States Supreme Court (scotus) has embarked upon a campaign to acquire a replacement for its lost member; Antonin Scalia.
Elena Kagan and Sonia Sotomayor are out speaking on the need for nine members as well as the desired attributes of the next member; and collectively the court has refused to overturn lower court decisions saying that the court was evenly divided.
This tactic is no doubt intended to raise the ire of people who embrace the false belief that court decisions are tantamount to legislation
Ironically, it is this tactic that is most beneficial to the country. Power corrupts; and absolute power tends to corrupt absolutely (Sir John Dahlberg-Acton). The court is absolutely corrupt.
Nothing in the US Constitution; or any laws which flow therefrom, expresses or implies that the judicial branch; including the scotus, has any role in the legislative process. The so called power of “judicial review” has never been conferred upon the court.
Indeed the constitutional convention did entertain the question of whether the judiciary should be included in the legislative process. It was decided that the impropriety of the judiciary having to decide cases involving legislation of its making was an untenable paradigm; so the notion was rejected.
Chief Justice John Marshall presumed that power; not unlike Idi Amin Dada‘s seizure of power in Uganda. Although Marshall’s coup was bloodless, the court became no less dictatorial; so that the concerns of the convention are in fact manifest today.
The scotus considers its decisions, and attendant opinions, to be “law” superseding all other legislation; including the Constitution itself, and effectively usurping the congress.
While people like President Obama, Speaker Paul Ryan and others, who rely on the corrupt scotus to facilitate bypassing congress and the dictates of the US Constitution, may be chagrined by this temporary suspension of scotus tyranny, Americans can enjoy the respite that is a consequence of this scotus rendition of a protest.