The predictable outline of debating court decisions

Back in June, Alan Jacobs posted a brief list of “politico-judicial axioms” by which debates about court decisions are conducted. Here are the last two:

5) A judicial decision that produces a desirable outcome is (regardless of the legal reasoning involved) proof of the wisdom of the Founders in liberating the Supreme Court from the vagaries of partisan politics so that they can think freely and without bias. The system works!

6) A judicial decision that produces an undesirable outcome is (regardless of the legal reasoning involved) proof that the system is broken, because it allows five unelected old farts to determine the course of society.

I meant to post this back when I read it, but save it for future debates, when they will most likely be just as applicable.

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