I will appreciate comments. The achievement of an objective Court should be our primary goal.
The blindfold worn by Lady Justice symbolizes the concept that justice should be rendered “without passion or prejudice.” Considering only the facts on her scale, Lady Justice does not bother with allowing emotional impressions of the accused to enter into the adjudication as a trier of facts.
Most assume the minds on the U.S. Supreme Court are some of the most knowledgeable scholars of jurisprudence.
If that assumption were correct, why are their decisions anything but unanimous?
How can these legal scholars reach different conclusions, based upon the same set of facts?
Assuming the blindfold on Lady Justice reflects the suppression of bias and prejudice for the purpose of achieving objectivity, how and why are too many decisions “multi-dimensional”?
We’ve experienced the phrases, conservative Court and liberal Court, whereas our goal should be an objective Court.
At the retail level of adjudications, in a criminal trial, the result must be unanimous, 12-0, which, normally, affects only one person.
Does it make sense that a 5-4 decision should affect the entire nation, i.e., that, in effect, one person can possess such power?
Now we come to whether 8 or 9 should be the appropriate number of Justices. If the number were 9, a 5-4 vote would control, whereas with a Court of 8, a 5-3 decision would be required, which is, at least, quantitatively, a better “score”.
When the Court regains its full complement of 9, I would like to see Congress mandate, that to affect law, the vote must be, at least, 6 to 3, but preferably 7 to 2. As an option, I advocate that Congress change the full complement from 9 (since 1869) to 8 or any other even number of Justices, which would necessitate minimum 5-3 decisions, assuming no abstentions.
If it were rational to place credence in the objective application of law, does it seem unreasonable to contemplate Impeachment proceedings against a U.S. Supreme Court Justice, who allows bias to affect a decision?
The achievement of an objective Court should be our primary goal.