Down in the now lenghtly comments sections of various threads there are hot arguments going on about how the Court is right and wrong. However, that is not the coirrect argument to be making.
Eighteen months ago, our friend Jayson Javitz made a comment that stuck in my mind:
“Plus, this is about politics, not law. In the end, the Supreme Court has nothing to do with law. It’s a political bastion of power.”
Lets think for a moment, on July 15, 2005 then Appeals Court Judge John Roberts issued an opinion in Hamden v. Rumsfeld that is fondly called the “al Queda can pound sand opinion.”
Fast forward exactly one year. John Roberts is now Chief Justice of the Supreme Court and his previous opinion is rejected by five members of the Supreme Court.
What does that mean?
Is John Roberts an idiot who did not previously understand the law in his previous job. After all Justice Stevens is saying Roberts got it wrong.
Is Justice Stevens the idiot because he is simply an Associate Justice and his “junior” is now the Chief.
Or is it simply politics as Jayson postulated?