A radical legal philosophy has undermined the process of constitutional evolution.
We should instead explore and promote options that would subordinate the Supreme Court to political control. Now is the right moment to dream of a chastened Court and to envision how that dream may become a reality.
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The implications of Supreme Court Justice Antonin Scalia's death for the anti-union case known as Friedrichs are a bit uncertain. Some experts say the appellate ruling in favor of the union would be effectively affirmed by an evenly divided court. Others believe the court will ask for re-argument of the same case next term, presumably after it gets back up to full nine-member strength by the appointment and confirmation of successor to Scalia.
Indicating the fierce battles to come, Patrick Leahy of Vermont, the ranking Democrat on the Senate judicial committee, issued a sharply worded statement in response to Republican remarks.
Saying he was saddened by the death of Scalia “although I often did not agree with his legal opinions”, Leahy continued: “I hope that no one will use this sad news to suggest that the President or the Senate should not perform its constitutional duty.
How many times was Justice Antonin Scalia wrong about Henry Lee McCollum and the death penalty?
"It no longer surprises me when extremist state legislators try to restrict our voting rights. I don't like it and we fight against it, but I'm no longer surprised by it."
"What surprises and outrages me is that yesterday a Supreme Court Justice said that the protection of the right to vote is a 'perpetuation of racial entitlement.'"
Benjamin Jealous, President and CEO, NAACP
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