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Originally Posted by DwnWthVwls
So after reading some tweets some people are complaining that the supreme court stepped beyond their limitations.. if this is true I have mixed feelings about this. I am happy for people getting equal rights but it needs to be done properly.
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I think due to legislative gridlock the Supreme Court and lower courts are taking more and more of a proactive role in passing decisions that would otherwise be the responsibility of the legislature. Maybe not so much in a power grab way, but just that certain topics are ignored for so long that it eventually falls to them.
Ending segregation wasn't due to passing any laws either, but because of a court decision that was dubious at best (
Brown v. Board of Education). The idea that the Commerce Clause in the Constitution, which governs interstate commerce, should have anything to do with segregation is a very big stretch, so I think it could very well be argued that it was bad law, even if the outcome was desirable.
I can't fault the Court for deciding the way it did though, since if I was Supreme Court Justice, and the decision on whether or not to uphold segregation fell into my lap, I really can't say that I could remain totally impartial.