Belmont Club

By Richard Fernandez

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The death of penalties

June 25, 2008 - 9:21 am - by Richard Fernandez
Whitehall
2008-06-25 10:51:02

The Court is risking a fatal breakdown of our Republic. What happens when citizens and officials start ignoring their decisions? We have case after case where five members are acting as unelected lawgivers, not law intepreters.

This would be even more dangerous than the impeachment of a justice.

The first instance may well come from the battlefield, an area where SCOTUS is increasingly sticking its nose in matters of immediate life-and-death. It is easy to see a commander in the heat of battle making a call that, second guessed by lawyers, would violate a SCOTUS directive. Public opinion could rise to the defense of the commander, the jury could nullify the charge, and the court will have been diminished. Smacks of a military coup, does it not?

Remember the military hero, President Andrew Jackson’s exclamation: “Justice Marshall has made his decision; let him enforce it.”

Self-restraint on the part of 5 justices is the only way to avoid this happening again.