29 Jun 2015 10:27 PM EST
- by Jorge Vargas, Editor
A lot of people are very excited about the Supreme Court's decision to approve gay marriage across the United States.
A lot of people are not.
Among that second group?
Four Supreme Court justices, including Justice Antonin Scalia, who wrote a scathing and arguably incomprehensible dissent against his colleagues' majority decision. Scalia accused the court of being elitist and of not representing the United States.
All in all, troubling accusations to be made by a member of the highest court in a country with a legal system that has been the model of countless other legal systems around the world.
More troubling is the fact that he's right.
The Supreme Court has become elitist and it does not represent the American people. The American people would not have approved the legalization of big corporate donations for politicians in unlimited amounts. Most people would call that unethical, and in many other countries, it would be corruption.
Most people would also not agree with the extremist arguments often put forward by justices who are either too far to the right or left.
And the growing political importance of the Supreme Court has made it an elitist institution.
All of this makes one wonder if, perhaps, it's time to change the Supreme Court. Maybe it's time for the Supreme Court justices to not serve for life or until retirement. Maybe having them serve appointed terms will make them less all-powerful and make the justices less entrenched in their political views.
It's a tough argument but it's one that bears mentioning now that we're confronted with the aggressiveness shown by Scalia, and with the fact that the justices are making decisions that affect the lives on hundreds of millions of people.
Or, maybe, instead of presidential appointment, Supreme Court justices can be appointed by region (a representative from the northeast, another from the Pacific coast, etc.).
Maybe that's what Scalia is getting at when he calls out the court for being elitist and not representative of the United States.
Or, maybe, he's just blowing smoke, recognizing a lost cause for what it is and hoping to give off the impression of going down swinging.
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