ReedyBear's Blog

Courts shouldn't legislate

In the U.S., we have allowed the courts (particularly the Supereme Court) to legislate matters that should be decided by Congress.

A recent one is the question of whether "prediction markets" are financial things regulated federally by the SEC or if they are gambling, which is regulated by each state individually. There are two active court cases right now, where one court says it's federal authority (investment b.s.), and the other says it is state (gambling).

This is an issue that should have been resolved by Congress quite awhile ago, because jesus fucking christ, placing a "prediction" on whether a politician will say [some word] at [some conference] is a fucking bet. It is gambling. You are guessing about what will happen in the future and hoping to win based on your guess being right. It is fucking gambling.

And when these "prediction market" companies tried to use legal loopholes to dodge gambling regulations ... Congress should have stepped in within the week and said "FUCK NO". They should have immediately passed a bill saying: That's gambling, bro.

But our Congress (collectively) does not do it's job, and so courts are looking at laws already on the books, along with legal history, and deciding what the law actually is. They're interpreting laws come to conclusions that are not clearly prescribed by Congress. And that's a problem.

I don't mind this kind of behavior for individual cases with narrow outcomes. I don't mind this kind of behavior for temporary resolution while Congress resolves complex things. But I have a huge problem with courts deciding what the laws of our land are, beyond the narrow scope of their interpretive powers - even when they get it (morally) right.

Another legislative failure is Roe v Wade (Casey v Planned Parenthood was a subsequent case that actually superceded Roe and still protected abortion rights). The fact that our country leaned on a supreme court ruling for nearly 50 years is ABHORRENT. Abortion rights absolutely should be protected. And the courts should make a ruling to protect an individual who's rights are being violated. But the courts should not decide what the law of the land is.

Congress should have passed clear legislation enforcing abortion rights FIFTY YEARS AGO. But they didn't. So when we got a new court, these 9 unelected people just ... changed their fucking minds.

It's a shame, and it's an utter failure of our democracy.

#best #politics