Don’t Take Your Eye off the Court
Mimi Eisen

The author seems to fundamentally misunderstand the role the Judicial Branch is supposed to play in our government. Not surprising for liberals or progressives as they seem to persist in taking an Orwellian view of the Judicial Branch as just another means to their desired end.

The Courts role is NOT to “make law” or to “validate policy” as the author seems to indicate. The Courts role is to take the law as it was written and understood by the elected representatives who passed it and apply it to the facts of the cases before them….. and in cases where differing laws conflict with one another to resolve those conflicts in the manner required by our system of government. It’s role is categorically NOT to set or invalidate policy, that is reserved to the Executive…nor is it’s role to “make law”, that is reserved to the Peoples Elected representatives in Congress. It’s role is most definitely NOT to substitute what the law actually says with the Justices personal preferences of what they think the law AUGHT to be.

Why is this important? Because there is no uniform or universal acceptance of what is “Right” in our society on a vast array of issues. Our society is made up with a diverse array of individuals with a diverse array of viewpoints. What the author might consider manifestly and obviously “right” her next door neighbor might consider manifestly and obviously “wrong”. While we can’t all agree on what ends we actually want, what we MAY be able to agree upon is a set of rules that is fair for determining how we resolve those differences. The alternative to that is resolving those differences with bullets, knives and fists… and when we go that route, pretty much everyone loses, even the side that wins the conflict…. and there is no assurance that whatever side you presume is “good” wins… in American history we’ve been remarkably lucky so far that sides people generally view as virtuous ends up coming out on top of such internal conflicts…. take a look at the history of civil wars and rebellions around the world and you’ll quickly see that very much tends to be the exception rather then the rule.

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