Saturday, June 25, 2022

Elected legislatures are supposed to write the laws

Courts and judges are supposed to interpret existing law and show how existing law fits the case before the court.  Elected legislatures are subject to pressure from voters to vote this way or that.  Which is as it should be, legislatures are supposed to represent their districts.  We give judges tenure, often for life, to insulate them from popular pressure so that they can rule in accordance with the written law.     Unfortunately political pressure groups, back in the ‘60s and ‘70s found it easier to influence 5 out of 9 unelected lawyers than to gain the votes needed to pass a law in Congress.   Hence Roe vs. Wade in the early 1970s.  This led to responsible presidents nominating “strict constructionists” to the Supreme Court, judges who would rule in accordance with existing law and not make new law from the bench

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