August 01, 2007

Supreme Court Lacks Balance???

In a recent blurb in the local paper I read that more people believe the Supreme Court is more conservative than it should be as the ideal is to have a "balanced" court. In context, what the writer meant was that somehow the ideal makeup of the Supreme Court would be to have it half "liberally biased" and half "conservatively biased."

The premise is troublesome since, when it comes to the Supreme Court you cannot have an even split being comprised of 9 judges. But more important is that the function of the Supreme Court or any court for that matter, is not to ensure equal representation of view points but to ensure justice. In other words, the ideal court would be one that renders perfect justice on each and every decision with the judges unanimously and perfectly agreed.

But in our warped world of relativism the first problem we have is that there isn't any standard of perfect justice and so the court's role becomes, not a quest for real justice, but a show of viewpoints fighting it out with the winning side being the "right side" and the "right side" being the side which best represents the majority opinion of the people the court represents

I don't know about you but I don't want any court, much less the highest court in the land, being made up of half of the judges on the side of "wrong" and half the judges on the side of "right." Yet, that is what is meant today by a "balanced" court. If there is such a thing as "right and wrong," then we should desire a court that decides what is truly "right" 100% of the time even if what is "right" cuts across the grain of popular opinion.

Now that the court is a bit more "conservative," the liberal mainstream is complaining the court is "too" conservative meaning its decisions are sometimes not what they prefer.

Well either you have a court whose purpose is to decide what is truly, good and true and right or you have a court that decides what is in the best interest of a vocal or angry majority which is precisely what liberals want. This means courts are not about justice, but about bowing to convention and that is not justice at all but pragmatism and that is ghastly.


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