Can SCOTUS limit itself to law without making policy?
Posted by
Russ Abbott on
Oct 13, 2020; 4:18pm
URL: http://friam.383.s1.nabble.com/now-it-s-personal-tp7599139p7599143.html
Amy Coney Barrett said that judges should stick to legal issues and leave policymaking to legislatures.
"A judge must apply the law as written, not as the judge wishes it were. Sometimes that approach meant reaching results he does not like. Courts are not designed to solve every problem or right every wrong in our public life. The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People. The public should not expect courts to do so, and courts should not try,"
Let's assume she is intellectually honest and will do her best to live by this distinction. Do you think that's possible? How would you draw a line between legal issues and policy decisions? How could a court refuse to deal with cases that seem to require them to make policy decisions? Do you think a framework for courts could be established along these lines that would widely accepted?
-- Russ Abbott
Professor, Computer Science
California State University, Los Angeles
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