I think the point Justice Kennedy laments is that the controversial decisions end up at SCOTUS rather than being worked out by the people and legislation, thus the hard decisions fall on SCOTUS. But it’s a symptom of the disease. The legislators, the people, and SC Justices don’t want to follow the Constitution. The people of California voted overwhelming on Prop 8 and gay marriage. But a minority and now the White House want to overrule the voters simply because they disagree with that result, so now it’ll make it’s way to the SC. All the Justices have to do is rule Constitutionally. But they don’t, do they Justice Roberts? Maybe Kennedy is feeling the heat and wants to get out of the fire?

conservative pilgrim on March 7, 2013 at 8:53 AM

Nobody said it was an easy job. If that was, indeed, his point – he’s making himself sound like a total pansy. Anyone who studied political science, let alone constitutional law, knows full well that the Supreme Court is a bulwark against injustice, not an administrative clearinghouse.

The court has had to make very difficult decisions for as long as it has existed. This is nothing new.

All they gotta do is decide whether the issue before them squares with the Constitution. We are not asking them to make policy decisions.

It sounds so simple when you put it that way, Stoaty…

…wait! It is that simple!

Who knew?

The Supreme Court doesn’t do this as often as the Circuit courts (primarily the 9th Circus Court), but it is still guilty. Of course, Kennedy is at least as guilty of that as anyone else on the current court. (He is big on “prevailing attitudes” and such crap.)

Geez.

This guy.

democracy should not depend “on what nine unelected people from a narrow legal background have to say.”

We live in (what used to be?) a republic.

The “nine unelected people” are assigned by our Constitution to have 1/3 of the power of the federal govt. So it doesn’t all depend on what the nine unelected people say. Just 1/3 does.

One would think a SCOTUS judge would know that.

That compromise was stuck down by the state supreme court… and that compromise was deemed insufficient by the kangaroo court in San Francisco and the 9th circus.

Other states would be stupid to give out civil unions/domestic partnerships until SCOTUS has had a say on the issue.