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The Hewlett Foundation Blog




The Problem with the Court 

January 29, 2014 — By Heath Wickline

Hewlett Foundation Larry Kramer, writing at OZY, on the problem with the Supreme Court:

But let’s not kid ourselves: The law, such as it is, ran out of guidance or anything resembling an incontrovertible answer long before any of the justices reached their result in these [“momentous”] cases. What determined the outcome in all of them was nothing more and nothing less than how far one believes we have come as a society on questions involving race and sexual orientation. Of course, this is true for all the court’s momentous decisions (which is why they end up in the Supreme Court in the first place).

But maybe we should ask ourselves: Why on earth would we entrust such judgments, affecting the whole of society, to five people on a court whose members are made as unaccountable as possible and who sit on the bench for life, rather like monarchs? 

What kind of democracy does that?