Supreme Court - Analysis of the Past Week - It is Sad - Wake Up

This has been a sad week to watch the Supreme Court significantly change the course of democracy in the United States.  They have gutted agency powers. They have tried to increase power of the judiciary - that is, non-agency tribunals.  They have limited white collar crime prosecutions, this time on the state and local level. They have extended a new immunity to presidents. And they have sent a message telling Presidents that they can confer with their Attorney General - yes about current matters. Separation between the President and DOJ in the "JUSTICE" department is no longer an important norm with our Courts. 

In all, our institutions have taken some significant hits. And although some may think this bold action may benefit a political party or cause, they are overlooking some important considerations:

1. If you catch a criminal sooner, they receive less time. That is, if the agency puts the brakes on conduct that crosses the line, there is less likely to be damage and if and when the criminal prosecution occurs there will be less loss, fewer victims, and a lower sentence (just think if Bernie Madoff had been stopped sooner). (see The Dichotomy Between Overcriminalization and Underregulation). Deregulating leads to increased criminality (think about what happened in the Savings & Loan crisis).  
2. When people start to notice that they have fewer rights with an executive that has increased powers and no accountability, the backlash may be strong and who will be there (this time) to curb it?
3. Some in Congress may be feeling empowered by these decisions, but have they realized that the Court is taking away some of their powers? Without agency delegation - they need to spend more hours passing legislation. Without agency delegation - they will be blamed when a crisis occurs. And with criminal statutes that keep getting knocked out because of lack of clarity, will Congress be able to keep criminal conduct in check.  
4. Politics may now be the way of the world in our justice system.

WAKE UP!

(esp)