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10/07/2018

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Charles N.Steele

I've already read things about how RBG's traditionally liberal seat should remain liberal. It's bizarre for the reason you identify -- a rule that comes from nowhere yet some progressives think should trump everything else (although they didn't say this when Garland was proposed as a replacement for Scalia).

But also it shows fundamental misunderstanding of the Court (one that some justices might share). The Court is not to be a political or legislative body; but simply a court -- it enforces the law; it's not to invent it. Hence political leaning ought not be that relevant. That it is important is a problem.

BTW, there are almost twice as many 9-0 SCOTUS decisions (36% of decisions since 2000, the most common outcome) as 5-4 decisions (19% since 2000). I presume people ignore this fact because it's boring and offers no political ammo.

https://www.washingtonpost.com/news/posteverything/wp/2018/06/28/those-5-4-decisions-on-the-supreme-court-9-0-is-far-more-common/?noredirect=on&utm_term=.02f500dba72a

John Pepple

Good point about Garland and Scalia. Sadly, that is the way these people think: anything that helps us is legitimate, but it ought not to be used against us.

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