[Chongo]

The Firefighter case has been overturned 5/4

[ebuddy]

Originally Posted by Chongo 

The Firefighter case has been overturned 5/4

In Sotomayor's defense, I thought this ruling would've been a little more affirmative frankly.

[Chongo]

Originally Posted by ebuddy 

In Sotomayor's defense, I thought this ruling would've been a little more affirmative frankly.

I thought it would be also

[stupendousman]

My guess is that 4 where playing politics, or are certifiably nuts.

[vmarks]

Originally Posted by subego 

It doesn't matter how it sounds, or whether it is by any objective standard. It was constitutional because that's how our country works. As the final arbiters of what is and isn't constitutional, what the Supreme Court says is and isn't, is and isn't.

With this particular example, after an amendment ratified at gunpoint, and a decision by a later court, it went from is to isn't.

Actually, the court isn't final arbiter if you read the Constitution. The role as final arbiter came about in Madison v Marbury.

Originally, each branch determined for itself the constitutionality of its actions.
Clearly that's not very desirable - each branch would simply state 'why, of course our actions are Constitutional!'

It's possible to override the Court, via Constitutional amendment.

The complaint is that the Court is meant to adhere to the Constitution, prefer it over statute, prefer it over any consideration given to the laws of other countries, prefer it over the popular whims of the day, but it has done the opposite in recent years. This complaint is not without foundation.