This has undoubtedly been asked before, but I still haven't seen an answer: Why do people who think that President Bush was selected by the Supreme Court have no problem with higher courts disregarding majority opinion on other issues (same-sex marriage, affirmative action, etc.)?
I'd really like to know.
Posted by CD on February 4, 2004 06:59 PMBecause Bush is a republican
Posted by: jaws at February 4, 2004 07:54 PMI figured as much.
Posted by: CD at February 4, 2004 07:58 PMThat's about it. Courts have, if anything, a worse overall record on civil rights than elected officials do.
Even the popular notion that courts "ended" school segregation in the 1954 case of Brown v. Board of Education involves a bit of historical revisionism. The 14th Amendment, which provides the constitutional basis for Brown, was ratified in 1868. Legally, that's when segregation ought to have ended. Instead, our beloved Supreme Court treated us to the infamous "separate but equal" rule, thereby preserving school segregation for almost a century after Congress and the states had amended the Constitution to ban it.
Don't get me wrong; I like Brown. I just don't feel a strong urge to thank the burglar who finally gives back the loot he never should have taken in the first place.
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