http://www.nationalreview.com/node/431347/print Justices or Ayatollahs?
After Scalia, a return to the basic Supreme Court question
By Kevin D. Williamson — February 15, 2016
At its best, the Supreme Court functions precisely as it was intended: as an antidemocratic brake on popular legislative and presidential passions when those passions do violence to the law, the Constitution, and the Bill of Rights. At its worst — and it often has been at its worst of late — it functions like Iran’s Guardian Council, a collection of black-robed faqihs and jurists that sits above and outside the political process, using its position and privilege to impose on the nation a narrow set of social values decocted from the political ether.
With the death of Antonin Scalia and the prospect of replacing him, we are faced once again with the question: Does the law mean what it says, or does it mean whatever people with power want it to mean at any given moment?
Contrary to Josh Barro and others who insist that there is no longer any live issue of principle here, only two competing political factions wishing to use the Court for their own policymaking ends, the question pressed by conservatives is now, as it long has been, what the proper role of the Supreme Court is. Consider the question of abortion. Conservatives have not sought to have the Court act as a super-legislature and enact a federal ban on abortion; rather, conservatives have insisted that the Constitution is silent on the question, that Roe v. Wade is an act of willful judicial imagination, and that the question is properly left to the states and the legislatures.
continued
