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July 26, 2015 11:00 pm - NewsBehavingBadly.com

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(AP Photo/Molly Riley)

(AP Photo/Molly Riley)

The reason we don’t elect Supreme Court justices is so they’re not subject to ever-changing political whims. For example, let’s say they arrive at a decision that is unpopular among a certain group of people, and those people decide they’d like to run them out off the court. We wouldn’t want them to make decisions just because they’re politically popular, would we? Ted Cruz does.

After calling publicly for retention elections for the justices, the senator from Texas and Republican presidential candidate convened a Senate hearing on Wednesday to discuss “possible solutions” to the Supreme Court’s “activism.”

“This past term, the court crossed a line, continued its long descent into lawlessness to a level that I believe demands action,” a dour Cruz said in his opening statement at the hearing of a Senate Judiciary Committee subpanel. “Five unelected lawyers have declared themselves the rulers of 320 million Americans.”

Two of the three witnesses agreed that the court had overstepped its bounds. Ed Whelan, a former Justice Department official and legal blogger at the conservative National Review, said the gay marriage opinion, Obergefell v. Hodges, “is rivaled in Supreme Court history only by Dred Scott v. Sandford,” the decision that helped catalyze the Civil War, and Roe v. Wade, which recognized a woman’s right to an abortion.

In response, Cruz said he supported proposals for term limits for Supreme Court justices, in addition to his own proposal to subject Supreme Court justices to retention elections.

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D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.