Friday, March 28, 2008

How Courts Should Be

The Corner has an article where Scalia is complaining about the press coverage of their decisions. As noted:
He singled out for criticism a New York Times editorial on the case headlined "No Recourse for the Injured." The media often make it appear as though the court is reaching policy judgments on its own rather than basing its decisions on the text of the law at issue in a case, Scalia said.
The Court's purpose is not to create new policy - like Affirmative Action. It's purpose is to discern what the law is, not what it should be. Fixing it is the province of the Legislature.
Now, if everyone would just get to work doing their own jobs. . . .

1 comment:

Mark T said...

That's simplistic - it's bumper sticker politics. All court decisions involve policy making. The governing document is a general statement subject to interpretation. One side always says the other is violating the intent and spirit. Thayt's just politics.