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by salawat 1419 days ago
Now you know first hand why Thomas Jefferson so feared the Judiciary/Supreme Court. This is exactly the type of destabilizing effect it can have. There is tremendous power vested in largely unaccountable, unelected Justices, such that they could be wielded as a tool by one party or another to instill one view or another over the populace with no recourse.

The Courts are the nuclear option in our System, and disturbingly, people have been looking more and more to them as the way to get things their way in the abscence of a non-assenting populace. I fear that our common law system may have too much to it to be reasonably refactored without some serious innovation in the space of jurisprudence, or to be accepted without giving widespread access to every last citation and point of historical fact that weighs into one particular decision or another by the Court.

The crows must come home to roost in the Justice System at some point. If we can't agree on the facts at the Federal level, we've got bigger issues, and we've got a tragic contention for having historically factual evidence honored for acts of the judiciary, and the need for a judiciary that can collate and parse those facts fast enough to make decisions within a reasonable timeframe without Yoloing it. Trying to do that though, increasingly feels to me like work more appropriately done by the legislature.

Perhaps there needs to be a sort of link between the legislative and judiciary as far as facilities for research? Both seem to be in dire need of the same thing.

1 comments

I agree that the system is in need of reforms. I’m nit insightful enough to know what those reforms should be but I definitely agree that things are amiss.