A Court Out of Touch With Political Reality
A number of commentators in recent years have noted the increasing lack of real-world political experience by Supreme Court judges, but this commentary over at Scotusblog.com hits the point hard:
Many of our greatest Justices came to the Court after substantial involvement in the country’s public life and, frequently, after serving in elective office...The current Court is striking for the absence of even a single Justice with such experience.
Is it possible that the current Court’s rather marked willingness to find constitutional limits on the authority of the Legislative Branch – striking down federal statutes at an unprecedented rate (and limiting State authority as well) – results in part from the fact that no Justice has actual legislative experience?
The result are abstract decisions on everything from racial integration to campaign finance that ignore the give-and-take of democratic debate in favor of abstract principles.




