This is an interesting potential strategy....
- By Franko
- The Bear Pit
- 16 Replies
Right now the Supreme Court has no meaningful ability to control the behavior of lower court judges. My hope is that giving the SC this ability would be a moderating force. I think Justice Roberts would use this power, just not as often or as visibly as the rest of us would like. But at least there would be the possibility of clamping down on rebellious lower court judges like those in the 9th Circuit. Right now the only real way to change the courts is the nuclear option of Congress and the Executive intervening and if this happens we are going to get "change" but probably not for the better.Though SCOTUS is so political now with zealots on one side or the other filling the seats. The balance is only in numbers, not in reasonableness when it comes to interpreting the Constitution.
Do you really see Roberts, for example, disciplining lower court judges? Or any kind of sanctions coming from a court that has a history or its own activism or compromise?
Agree with the concept… the challenge is in the execution.
Sirhr