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Opening Arguments

Courting trouble

Of course he's absolutely right, but it's not as if this is a new phenomenon or a trend that can be easily reversed:


SACRAMENTO, Calif. — Justice Anthony Kennedy says he is concerned that the U.S. Supreme Court is increasingly the venue for deciding politically charged issues such as gay marriage, health care and immigration.

The 76-year-old associate justice said Wednesday that major policies in a democracy should not depend “on what nine unelected people from a narrow legal background have to say.”

So many people are so used to deferring the Supreme Court as the ultimate arbiter of our national conflicts, I doubt if it would even matter if the country became enough less polarized that our legislators could actually work together.