The guy is off the charts brilliant. And he is scary. Right now he is at the front of the GOP presidential candidates' race to the bottom.
Today Ted Cruz opines that SCOTUS justices should be subject to retention elections so as to control their "judicial overreach". Cruz cites the ACA decision and the same sex marriage rulings as overreach examples. There is no way the ACA decision can ever be considered "overreach". Interpreting and applying federal law is in SCOTUS's wheelhouse--that is what it is supposed to do. I recognize the overreach argument on the same sex marriage case, but not enough to have the court stand for election. The independent judiciary is vital to all of us. It is the firewall between us and the government. None of us will ever agree with everything the court does, but we should defend to the death their authority to do it.
As an aside, I would support creating judicial nominating commissions to put some distance between the court and trendy politics, but never elections.
Today Ted Cruz opines that SCOTUS justices should be subject to retention elections so as to control their "judicial overreach". Cruz cites the ACA decision and the same sex marriage rulings as overreach examples. There is no way the ACA decision can ever be considered "overreach". Interpreting and applying federal law is in SCOTUS's wheelhouse--that is what it is supposed to do. I recognize the overreach argument on the same sex marriage case, but not enough to have the court stand for election. The independent judiciary is vital to all of us. It is the firewall between us and the government. None of us will ever agree with everything the court does, but we should defend to the death their authority to do it.
As an aside, I would support creating judicial nominating commissions to put some distance between the court and trendy politics, but never elections.