Does our Supreme Court and the Judicial system serve our country well ?

Question

By denial of Cert to so many cases every year SCOTUS is legislating and establishing more law than the Congress. This seems to also be a refusal of due process as guaranteed by the Constitution

Answer 1

Denial of cert doesn't establish any laws -- it just leaves in place the judicial decisions of the appellate courts that had already been issued. It's only when the court grants cert and issues a decision that new national judicial law comes into being.

And the judicial branch doesn't legislate -- they cannot just pick a topic and create a law about it -- they can only deal with specific issues and specific cases that are brought to them -- and can only make laws about those specific issues.

A legislature can pick any topic they want and make any law they want -- and it stands until challenged. And a legislature can override any judicial decision interpreting any statute -- just by changing the text of the statute. The only time the court can override the legislature is on a matter of constitutional interpretation.

We have a legal system based on common law -- where court decisions have binding authority on lesser courts -- because that creates stability -- we know how laws are going to be interpreted -- but the legislature can still change the laws, rendering the court interpretations moot.

The alternative is a civil law system -- where each court is free to create any interpretation it wants -- and which can change every time an issue is raised -- leaving the entire process of drafting every nuance and interpretation and detail into the legislation.

Answer 2

enable me get this immediately. the very incontrovertible truth that she has a historic past of battling for gay rights, makes her biased. by your criteria each and every lawyer who has ever had even a unmarried regulation case should be biased, as each and every regulation case takes a position on some situation. Judges who might want to respond to the present day whim of the electorate notoriously make undesirable judgements, as they in simple terms care about taking area in to the mob.

Answer 3

There is a reason that coragryph has 21% best answers. He nailed this one right on the head. Too bad so few understand these facts.

Answer 4

Cannot answer your question. Community and Moderation have silenced my voice to appease those who disagree with my answers!