In Dicta

Tuesday, June 28, 2005

Why the Split?

By now it may be old news that the Supreme Court yesterday devised a "Salamonic" solution to the Ten Comandments cases.

Now, whatever you think of this, on a personal level, it seems clear the the opinions in both cases are splitting Constitutional hairs in a very fine manner. I don't think I can add anything else to the debate that has already been covered so well and discussed at length here at SCOTUSblog. But my two cents are clear: as yesterday's post on Justice Scalia's dissenting opinion clearly stated, the Supreme Court should not engage in arbitrary line drawing. When the Supreme Court becomes a political organ (as it currently is, apparently), we lose the independent judiciary that we so treasure.

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