A Really Bad Idea

Saturday, August 13, 2005

A Really Bad Idea

I understand the writer's point, and it is not a frivolous one: anything that gives a judge significant incentive to decide a case on a basis other than the law and the evidence is a serious problem. But the solution he's proposing is awful.

Among other things, a plurality of the Court is Catholic (or has been, and will continue to be if Roberts replaces O'Connor), so this would leave barely half of the justices to decide some of the most controversial cases. And that, frankly, is the least of the problems with this idea.

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