Monday, March 18, 2013

"[A] democracy should not be dependent for its major decisions on what nine unelected people -- from a fairly narrow background, a legal background -- have to say."

Said Justice Anthony Kennedy, a man who sits on the fulcrum of a relatively ideologically divided Supreme Court.

I have an idea.  Maybe the Supreme Court should start kicking cases on the ground of  a "textual committment to a co-equal branch" of government as the political question doctrine stated in Baker v. Carr 369 U.S. 186 (1964).

Seems like the Supreme Court, which has the power to control its docket, could start pushing back on Congress and the Executive Branch to start doing their job instead of punting to the Court.  These are smart people on the Court, surely they could find a reason to return these political cases back to the elected branches and say, "you guys have to figure this out."

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