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A Good SCOTUS Is a Balanced SCOTUS

Too right or too left is bad for the country.

By James BrightPublished 6 years ago 3 min read
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The Supreme Court is vital to American legislation and a varied group of justices maintains a better picture of America. 

Our democracy is dependent on a great many things, but balance may be the most important facet to our success.

A nebulous term to be sure, but balance goes well beyond financial means or political pandering. A year ago, I examined the qualifications of now Supreme Court Justice Neil Gorsuch under the premise of balance.

Now, let's be clear. I'm fairly liberal. I've got some conservative attributes, but at the end of the day, a litmus test would certainly place my political pin somewhere left of center. That being said, I don't favor extremism or fanaticism of any kind in the political sphere. This is where balance comes into play.

While investigating Gorsuch's record, I found him to certainly be a man with conservative leanings and legal opinions, but one that possessed sound judgment. He would bring a nice balance to the Supreme Court. Hell, he may even be a little left of the late Antonin Scalia, so I was comfortable with the pick. President Trump had taken office recently, and although I didn't care too much for most or all of his opinions, I found Gorsuch's selection be of sound reasoning.

Fast forward to June 27 and we are now faced with a political dilemma. Justice Anthony Kennedy is hanging up his robe. Decades of service and fostering of legal juxtaposition will end with his career and we as a country find ourselves at a difficult crossroads.

A year ago, I argued that Democrats attempting to block Gorsuch's ascension to the Supreme Court were foolish. It was a guaranteed thing and a silly exercise. And it didn't matter given the court's balance. That particular round of political pandering had to do with sour grapes over the giant GOP painted roadblock Obama Supreme Court nominee Merrick Garland faced. Garland was a fantastic candidate but would have most certainly unbalanced the court.

We are in a different situation now. An ultra-conservative, or frankly even mildly conservative Kennedy replacement would surely alter the fabric and decisions of the SCOTUS for generations. An entire segment of the country's population would lose their power in the country's highest courtroom. It's dangerous. It will lead to unrest and a lack of civility. It could even lead to violence.

So what should we do?

Democrats are virtually powerless. They could raise a stink, but they blew their wad on the Gorsuch nomination and without significant GOP dissension, Trump's replacement for Kennedy will almost certainly gain approval. Sadly, our only option is the Senate.

Should the president nominate an ultra-conservative to replace Kennedy and not a moderate, it's up to every citizen who finds themselves concerned with the proposition of an unbalanced SCOTUS to contact their senators and relay to them that this will create a tough road to hoe.

Political careers end. Folks are voted out or move on to other things. Sometimes the changing winds of policy just invalidate their platform. The point is, politicians are fluid beings.

Supreme Court Justices, however, are not.

They receive appointments that end only with retirement or death. There is no voting them out and an unbalanced SCOTUS does nothing to prepare for the prevailing wind of political future. It places party above country.

I'm not saying I expect Republicans to replace Kennedy with a socialist, but I do think it's prudent that the candidate be someone of sound reasoning with a variety of verifiable opinions from previous court cases.

Justices should not have political leanings, but they do. They play into their decisions and a court that favors left or right opinions exclusively promotes chaos in the body politic.

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About the Creator

James Bright

Old school journo with a flair for the political and nerdy. I may write some fiction, some columns or just some good old fashioned poetry if I'm feeling extra plucky.

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