The job of the Supreme Court is to interpret the law, not write the law. The older veterans and other older wiser citizens have been trying to explain that to the younger generation for years. Now what Joe Biden said is bringing this into narrow focus. Click here to see what Biden says. You can go forward and backward to make sure you are hearing it in context. Nobody here is trying to deceive you. This is out of his own mouth.
Upfront, I would like to say I feel bad for the Supreme Court. In many cases, they have been asked to do what Congress should do. It is not fair to Justices that lean left or right. However, the left seems to be more willing to engage in this arena. We say our legal system and judges should be neutral but we all know that is far from the truth. It is virtually impossible. Some do a better job than others but human nature is unavoidable. We all live with some measure of confirmation bias.
When the Supreme Court hands down a decision it is called an “opinion” which should tell us something. The decisions are rarely unanimous. If our Rights are going to be changed there is a legal process for that called a Constitutional Amendment. It is not the purview of any single branch of government. Nowhere is this more controversial today than on the subject of abortion. Even the liberal Justice Ginsburg had her reservations about the opinion of the court:
In some states, these post-Roe scientific developments have changed people’s hearts and minds and have motivated them to demand legislation reflecting their views on abortion. In other states, abortion businesses have expanded as pro-abortion advocates have made progress in advancing their cause.
This is how democracy, “government of the people, by the people, and for the people,” is meant to work. Laws are meant to reflect the will of the people, with states operating as laboratories of democracy on issues not specified in the Constitution. Our Founding Fathers knew this, which is why they crafted the 10th Amendment.
Ginsburg also knew this, which is why she said, “At the time of Roe v. Wade, this issue was all over the state legislatures. Sometimes, the choice people won, sometimes they lost. … So, the law was in a state of change. I think it would have been healthier for that change to have gone on.”
There have been many other questionable rulings by the Supreme Court as Mac mentions. Either way, the Democrats and at least Joe Biden are now saying the quiet parts out loud.
“You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps…. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with… Read more »