Tuesday, May 17, 2016

My Take: Crippled Court


The Supreme Court still has only eight members. They appear fairly evenly split on major issues. 

Despite the contention that the lack of confirming and seating a ninth judge not hamper justice or the interpretation of the constitutionality of issues, the court is resorting to sending some issues back to lower courts with instructions to work out a compromise.

The New York Times this morning, in its article titled, The Crippled Supreme Court, describes the situation and the problem.

Fundamentally, the Supreme Court is not supposed be involved in proposing compromises. The article states: "The court’s job is not to propose complicated compromises for individual litigants; it is to provide the final word in interpreting the Constitution and the nation’s laws."

With only eight members our constitutional freedoms are at risk. 

Just as with the annual budget battles that leave our government crippled, the delay in confirming a ninth justice for the Supreme Court is another area in which the Congress, in this case specifically the Senate, is failing to discharge its constitutionally directed responsibilities. 

Can the Congress be unconstitutional?

-- Bob Doan, Elkridge, MD
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