Bovard on Supreme Court: It Sanctifies Political Power Grabs

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Mises: Bovard on Supreme Court: It Sanctifies Political Power Grabs

SEPTEMBER 21, 2015 Ryan McMaken

Americans have long been taught that government judges, including the supreme court, are limited in their interpretations by some sort of metaphysical power emanating from the so-called "rule of law," or, as a Sandra Day O'Connor once sappily put it, "the majesty of the law."

 

Of course, no such limitation exists. Judges — being the whatever way suits their fancy, and they are only limited by a desire to avoid retribution from legislatures, correction from higher-ranking judges, or, in some cases, revolt by the masses.

 

However, when legislatures get into a habit of deferring to judges, judges can then do whatever they think they can get past other judges. Judges don't have to worry about the public because the public, by and large, still subscribes to the fantasy that judges are apolitical sages who make wise decisions based on the "rule of law.

Fortunately, we have James Bovard to document abuses such as these, and in his most recent article, he catalogs some of the more egregious legislative inventions of the court: