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Opening Arguments

First things first

I noted in a post yesterday Supreme Court Justice Stephen Breyer's views on having a "pragmatic" view of the Constitution. Guess this is what he meant:

But Supreme Court Justice Stephen Breyer told me on “GMA” that he's not prepared to conclude that — in the internet age — the First Amendment condones Koran burning.

“Holmes said it doesn't mean you can shout


Wed, 09/15/2010 - 4:08pm

I have no real argument with you.
I do wonder if it disturbs you as it does me that the current Supreme Court is so utterly predictable.
I don't think it's ever been this polarized in recent history. Everyone knows exactly how eight of the nine justices will vote on every issue. That somehow doesn't seem right.
Whether you're right-wing or left-wing, you know the justices (with one exception) are not actually weighing the merits of the case. That can't be healthy.

Leo Morris
Thu, 09/16/2010 - 7:26am

The court sort of reflects the country in that regard, doesn't it? The main thing that bothers me about it is the enormous power it gives one person -- Justice Kennedy -- over our lives. If it's bad to have nine unelected people who serve for life dictating to us, it's just crazy to have one such person doing so.