Josh Blackman » “In other words, the public is capable of holding two views at the same time: one, that judges don’t simply paint by numbers, but do bring their own values and views to bear and two, it is not simply the fact of discretion, but the way judges exercise it, that sustains the legitimacy of the judicial enterprise.”

“In other words, the public is capable of holding two views at the same time: one, that judges don’t simply paint by numbers, but do bring their own values and views to bear and two, it is not simply the fact of discretion, but the way judges exercise it, that sustains the legitimacy of the judicial enterprise.”

December 30th, 2011

Linda Greenhouse on the political Supreme Court.

To get back to the justices: recognizing that ordinary people are capable of complex thinking, why not give the justices credit for the same ability? Naturally they care about outcomes. How could they not? But they have to care about a lot else as well. In every decision they confront, they have to find a way to reconcile the present with the past, understanding that what they do today shapes the future. In other words, they are capable of holding many thoughts simultaneously.

At least, looking ahead to what could be a momentous 2012, I hope so.

So this Op-Ed is screaming to the conservative justices–see prove me right, I know you aren’t politicians in robes, do the right thing, uphold the mandate. Greenhouse has, on more occassions than I could even count, has called the Justices on the Roberts Court (gasp!) politicians in robes. This seems so insincere. Not sure what I else I should expect from Greenhouse. Her current column is called Opinionator, in which she gives opinions. That’s what she did for decades as the reporters. Not reporting, but giving opinions.