Quote:Is it though? The splintering of the GOP and the expanding liberal voter base suggests that maybe the Court isn't left of center, but that it's slightly ahead of its time.

 

I do agree that another Anthony Kennedy or Ben Cardozo is needed. An emphasis on a great legal mind instead of Loretta Lynch being shoehorned in there to ensure that Obama's policies are carried on well into the 2020's. I'm extremely biased, but I think Rand Paul would make a great replacement for Scalia, even if he's not a lawyer. He's a Constitutional scholar of the highest degree, and holds as many far left views as he does far right. In short, he'd be a swing vote and moderate justice, not owned by either side, for years to come.

 

If the vote is so splintered and liberals are gaining so much, then why is it that Gay Marriage only passed in two states?  The biggest reason i say that the courts positions are so far left of the people is the on two key issues, Abortion and Gay Marriage, the court didn't just affirm that an individual state had the right to make this law or that.  They held that there is a universal right to privacy under the 4th amendment to commit murder until such time as the state has a compelling interest in the life of the child (castration of the 4th amendment) and that the 14th amendment provided a universal right for one man to marry one man or one woman to marry one woman, so basically taking the bedsheet of the 14th amendment tying it around justice kennedy's neck and prancing around the living room like romantic superheroes.  Neither of those positions ever actually won at the ballot box and in our CURRENT configuration would be a minority position in the majority of states.  

 

There was a time in the nations history where it was understood that kind of change required a constitutional amendment....  I guess that time has passed.  

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