Stare Decisis, Judicial Constraint, & The Linchpin Framework of Adjudication

Inverted logic


After theDobbs v. Jacksonverdict, pundits started to question theimpartialityof the Supreme Court. This rhetoric may be; propelled by ideologically driven policy preferences rather than concern for the SCOTUS being free of political influences. I highly doubt that most individuals up in arms aboutDobbswould have batted an eye if the high court overturnedHeller.

Regardless of the motives of the endless array of talking heads in the media, maintaining governing organizations “independent” of political interests is imperative to constraining state power. We only need to see the post-2008 policies of the Federal Reserve to see how once a governing institutioncompromisedits operational autonomy; policies move towards disastrously interventionist initiatives. This same concern can be directed at the SCOTUS. Since the function of the court is to interpret the law, not to act as a covert…

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