How a conservative bloc, unrestrained by public opinion, is leading the U.S. Supreme Court

[mystery-ak]

How a conservative bloc, unrestrained by public opinion, is leading the U.S. Supreme Court

Court more in line on key issues with Republicans than average American, study finds
Mark Gollom · CBC News · Posted: Jul 01, 2022 4:00 AM ET | Last Updated: 6 hours ago

In front of the steps of the U.S. Supreme Court — nearly a week after the landmark overturning of Roe v. Wade — the president of the National Organization of Women handed out pro-choice placards and pledged to keep fighting for abortion rights.

Christian Nunes also had some strong words about the top court, calling it "compromised" and out of step with public opinion.

"They're not ruling in favour of the people. They're ruling in their own moral viewpoints," Nunes said.

That the recent decisions by the conservative majority court may not be in tune with average Americans is backed up by recent polling and surveys. But those rulings also signal a newly unapologetic and muscular court, willing to buck the national mood.

"They're using their conservatism in a powerful way and they're acting like they're in a hurry," said Stephen Wermiel, a constitutional law professor at American University Washington College of Law.

"For a long time, we've been looking at a conservative tugboat. And now we're looking at a conservative runaway freight train."

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https://www.cbc.ca/news/world/supreme-court-conservative-majority-public-opinion-1.6503495

[Kamaji]

Total bullsh*t.  First off, the Court should never be swayed by public opinion - it is not a legislature - but by their own considered, experienced, judgment of what the Constitution and applicable law demand, regardless of what the public would like.

[DCPatriot]

Total bullsh*t.  First off, the Court should never be swayed by public opinion - it is not a legislature - but by their own considered, experienced, judgment of what the Constitution and applicable law demand, regardless of what the public would like.

Hmmm... not arguing here, but I vividly recall Chief Justice Roberts saying in an interview many years ago, that he would certainly have to consider "[current] cultural society".

It was on the topic of Roe v Wade. 

[Kamaji]

Hmmm... not arguing here, but I vividly recall Chief Justice Roberts saying in an interview many years ago, that he would certainly have to consider "[current] cultural society".

It was on the topic of Roe v Wade. 

As part of deciding whether stare decisis should be respected or not, particularly in a case of a technically questionable prior decision, one of the things to consider is whether there are settled interests that have a justifiable reliance interest on the prior decision, and whether the prior decision is working well or not.

However, that does not mean that in every instance the Court should consider what the public opinion is on a given matter.

[Bigun]

Hmmm... not arguing here, but I vividly recall Chief Justice Roberts saying in an interview many years ago, that he would certainly have to consider "[current] cultural society".

It was on the topic of Roe v Wade.

Hell man, we've had opinions come down citing FOREIGN LAW in recent years!   

[Weird Tolkienish Figure]

And who measures public opinion anyway?

[Free Vulcan]

As I recall we had at least 50 years of just that on the liberal side. Penumbras and all that.

But that was cool.