Posted on Aug 12, 2023
Supreme Court is not broken; unanimous decision increased
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Posted >1 y ago
Responses: 2
For better or worse, the justices of the Supreme Court are all educated and experienced people who have a great respect for the law as they see it. Being human they each bring their personal perspective based on their personal experiences. Some may tend to be more activist than others, some may tend to be traditionalists, some may be originalists.
Every case that is heard at SCOTUS has been litigated through at least the Federal District and Federal Circuit courts where those same cases have been heard by other educated and experienced judges who considered legal arguments presented by multiple attorneys. One thing many people do not comprehend is that the Circuit Courts and Supreme Court are appeals courts which means they have a different purview - dealing more with the judicial process and interpretation of the law and less with the facts of the case itself. An appeals court judge may feel that the lower court made a wrong decision but still has to uphold that decision because it was made properly.
Of course there will always be narrow-minded and ignorant people who insist that any decision that goes against their preferred program or their way of thinking must be wrong, therefore must be "partisan" or must have been "bought." This has become especially strident in our society where everything except gender is binary and nuance is completely abrogated.
Every case that is heard at SCOTUS has been litigated through at least the Federal District and Federal Circuit courts where those same cases have been heard by other educated and experienced judges who considered legal arguments presented by multiple attorneys. One thing many people do not comprehend is that the Circuit Courts and Supreme Court are appeals courts which means they have a different purview - dealing more with the judicial process and interpretation of the law and less with the facts of the case itself. An appeals court judge may feel that the lower court made a wrong decision but still has to uphold that decision because it was made properly.
Of course there will always be narrow-minded and ignorant people who insist that any decision that goes against their preferred program or their way of thinking must be wrong, therefore must be "partisan" or must have been "bought." This has become especially strident in our society where everything except gender is binary and nuance is completely abrogated.
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