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It is a sad day for the Supreme Court and a dangerous day for the Rule of Law. The radical assault on our institutions and the Constitution itself has reached a new level with the release of a draft opinion on a major issue facing the Court

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…[I]n three notable instances the Court has suffered severely from self-inflicted wounds. The first of these was the Dred Scott case. … There the Supreme Court decided that Dred Scott, a negro, not being a citizen could not sue in the United States Courts and that Congress could not prohibit slavery in the territories. … [T]he grave injury that the Court sustained through its decision has been universally recognized. Its action was a public calamity. … [W]idespread and bitter attacks upon the judges who joined in the decision undermined confidence in the Court. … It was many years before the Court, even under new judges, was able to retrieve its reputation.…[The second instance was] the legal tender cases decided in 1870. … From the standpoint of the effect on public opinion there can be no doubt that the reopening of the case was a serious mistake and the overruling in such a short time, and by one vote, of the previous decision shook popular respect for the Court.… [The third instance happened] [t]wenty-five years later, when the Court had recovered its prestige, [and] its action in the income tax cases gave occasion for a bitter assault. … [After questions about the validity of the income tax] had been reserved owing to an equal division of the Court, a reargument was ordered and in the second decision the act was held to be unconstitutional by a majority of one. Justice Jackson was ill at the time of the first argument but took part in the final decision, voting in favor of the validity of the statute. It was evident that the result [holding the statute invalid] was brought about by a change in the vote of one of the judges who had participated in the first decision. … [T]he decision of such an important question by a majority of one after one judge had changed his vote aroused a criticism of the Court which has never been entirely stilled."

Today, however, a trend away from traditional standards of propriety begins to be in evidence. Our Court has been indoctrinated and brainwashed by left-wing pressure groups. The Court is out of step with the American people. We see Justices of the Supreme Court banqueted and honored by left-wing Communist-front organizations militantly interested in legislation on which the Supreme Court must pass.

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Last night’s stunning breach was an attack on the independence of the Supreme Court. By every indication, this was yet another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law.

This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there’s little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs — real-world laboratories in which ideas can be assessed on the results they produce — are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.

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