The Eleventh Circuit’s decision to dismantle health care was a milestone for the cause, but the real goal, of course, is to make judicial engagement the prevailing approach on the Supreme Court. Right now, the closely-divided Court sits precariously at a tipping point, with one current vacancy and more on the way. The vacancy created by Justice Antonin Scalia’s death, which persists because Senate Republicans refuse to even consider the president’s nominee, is just the beginning. Three more justices — Ruth Bader Ginsburg, Anthony Kennedy, and Stephen Breyer — will be in their 80s during the next administration, making it likely that one or more of them will step down. All of this means that the next president, through multiple lifetime appointments to the highest Court, will set the nation’s course for a generation.
The Rise of “Judicial Engagement” and the Future of the Supreme Court
Nan Aron
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Questioning the Supreme Court’s approach and function is a hot topic and should fall back on Constitution law. The court is there for the ambiguity of law and to be interpretative. Not to create law.