Again, every bad statutory interpretation decision by SCOTUS could, theoretically, be fixed by Congress promptly amending the poorly interpreted statutes and thus superseding SCOTUS. Or by impeaching the Justices in the majority. Or by stripping the Court of jurisdiction. Or by packing it.
I’ve said for years that US courts are basically trying to turn the common law into the civil law. The statute has to directly address the issue. No reasoning by analogy. The only thing I can add to this, being actually a civil law lawyer myself, is that those caricatures are in fact exactly that.
I mean yes. Congress sucks and fully abdicates its duty to *be a good legislature and/or check on the other branches* all the time. We can and should say this and it doesn't mean we're excusing the court
I'm not a fan of either, but if we have enough of a majority in the Senate, then 2 holdouts for a fillibuster become less significant.
However, the voters are who voted them in.
To very a candidate takes effort.
Come November, this
ballot choice is on all of us.