The Volokh Conspiracy: "Suppose the Justices who are usually called “conservative” were to resign tomorrow and be replaced by President Obama. The reconstituted Court still would find lots of cases to be hard. It would grant review of those hard cases and decide many of them five to four. Cases that the Roberts Court finds hard and decides 5-4, this hypothetical Court would find easy and decide 9-0; lawyers would stop presenting those disputes. But they would bring more and more of the disputes that divide the new Court."
'via Blog this'
4 comments:
I'd never thought about that. Interesting.
yeah.
I think this same principle goes for electoral politics, too. People don't like the county being "divided." but if everyone became a democrat tomorrow, It's not like we would all agree. We would still split roughly in half. The disagreements would just occur farther to the left on the political spectrum.
"if everyone became a democrat tomorrow, It's not like we would all agree. We would still split roughly in half."
I agree, but I've been curious for a while what the mechanism is behind this. It's simple enough to see how it works with a chief justice choosing cases for 9 people to review, but why does this happen with the general populous? Why not 30/70 splits? Does the 30% just give up after a while but with 50/50 splits the battle lasts longer?
Because you have to reach approximately 50% to get elected, or get power. So the parties align themselves in such a way that they can reach a majority, or at least have a fighting chance. A platform is very relevant if they can only get 30% of the vote in every election.
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