Nor should they actively undermine the ability of governments to advance public purposes as established by a fair democratic process.Īs the court begins a new term, regrettably, its recent history suggests that it lacks a majority of justices with sufficient concern about the basic continuity and integrity of the law or the ability of government to function. To merit the public trust, these judgments must not appear simply as assertions of individual value choices by the justices or willy-nilly discard long-established court precedents that profoundly affect people’s lives.
The Supreme Court has final authority to make difficult judgment calls articulating the powers of government and the limits and constraints upon them.
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