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Michael Orlin's avatar

The Supreme Court needs to stop being partisan - this is not at all how they are supposed to work but this has evolved over a long period of time. They need to approach every case before them with fresh eyes and open minds, because this is not traffic court - each decision they make has major effects on millions of people's lives. Do we need to restructure the Supreme Court now? This seems to me to be the big question. They are the ultimate decision makers for every major concern in our country, but appear to have lost their way. I am very open to ideas and comments on this, because it has been bothering me for quite a while. And frankly, I don't know how many years I have left.

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Susanna J. Sturgis's avatar

But what does "fresh eyes and open minds" mean when one's talking about (ideally) mature, reasonably intelligent adults? We can't help bringing our previous experience and the lessons and perspectives based on that experience to the opinions we hold and the decisions we make. Yes, we can refine, alter, or even abandon those perspectives, but this is challenging for most of us -- and doubly so for those in the public eye who have obligations and expectations to live up to. Even those with lifetime appointments who don't have to run for re-election.

Fwiw, I prefer the word "ideological" to "partisan," which to me carries an association with political parties. The "originalism" that has infected the Supreme Court is espoused mainly by Republicans, but it still seems to be a minority view -- though the misogyny and racism at its core are widely held. I'd be happy if all nominees to the bench had to (1) swear to uphold the Constitution, and (2) explain what this means to them.

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