Litigation » Supreme Court Modeling “How Adults Behave In a Democracy”

Supreme Court Modeling “How Adults Behave In a Democracy”

April 13, 2016

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With the recent death of Justice Antonin Scalia, the U.S. Supreme Court is evenly divided among liberals and conservatives, a recipe for a slew of split decisions and in-fighting – or is it? “[S]o far we have seen the opposite,” writes Fred Hiatt in the Washington Post. “The justices, Republican- and Democratic-appointed alike, seem determined to insulate their institution as much as possible from the poison flowing through the other two branches.” In this “brave attempt,” Hiatt says the Court is “providing an example of how adults behave in a democracy.” Two examples are the Court’s response to Catholic employers arguing against being asked to provide birth control under the Affordable Care Act – essentially asking the parties to try once more to find common ground – and by ruling unanimously on a challenge to the principle of one person, one vote. The dedication to working together is striking in contrast to a deadlocked Congress and a White House frequently left spinning its wheels. “[W]hile remaining faithful to their core principles, the justices are trying to find a way to make their institution work for the good of the country,” Hiatt writes. “That’s the definition of democracy, which so many others have forgotten.”

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