Originally Posted by
tomder55
I suppose . But he would probably need Congress to back him up. It is obviously not as simple as that . But ... look back in history. Roosevelt's initial reforms were over ruled by SCOTUS ,and he came very close to adding Associate Justices to the court to change the equation.
The fact is that judges can be removed and whole districts can be added and removed . The only thing set in stone in the Constitution is that there will be a Supreme Court that is an equal branch. The rest is for Congress to decide . (Article 3 sec 1)
btw ;a better example than Obamacare (which will probably pass the judicial test) is the Kelo decision.
This decision was universally panned by both the left and right . Congress voted 365 to 33 in support of a resolution expressing 'grave disapproval’ at the court decision.”
There has to be a remedy from a wrong court decision beyond a new Amendment . We can both cite cases where SCOTUS has blown it . Bottom line is the judicial branch has a disproportionate share of the power in America, and too many judges have proven that they are not up to exercising that power with restraint or responsibility.