You may not remember Souter as the polemicists who destroyed the TAKINGS clauses of the constitution - It is seminal decisions that change the country - OBAMACARE as a TAX and not a COMMERCE clause decision falls into that SEMINAL change the country - certainly during our lifetimes (Possibly WAY into the future)- into something other than a REPUBLIC
Republics fail over time by internal destruction. The people who do the destroying profit temporarily. As Franklin said - A Republic id we can keep it
History has not been on the side of a free people and Republics. Their rain has been short but eventful
Believe me, I have nothing good to say about Souter, so that can be dropped. But are there ANY Democrat-Souters, Democrat-appointed justices that will ever vote with us on tough issues, or even admit that the Constitution is the ultimate authority? Certainly not among those appointed by Clinton and Obama, and no way in the future. I’ve already named 2 Republican-appointed justices who totally respect(ed) the Constitution and most others come very close...slipping up once in while, though. Roberts, I agree, gets closer to the middle, getting it right, sometimes (such as the recent death penalty cases). But where are the Democrat-justices? We all know that answer.
So the idea is to ACCEPT the fact that some Republican judges are screw-ups, because they’re human, but if you look at the history of the screw-up justices it is very rare that they all screw up at the same time - so get a 6-3 Republican majority on the court and the screw-ups will drop by 80% (since we can now lose one), get a 7-2, and the screw-ups will drop by another 80%. Get an 8-1 or 9-0 majority, and then BIG THINGS could happen (maybe), like declaring Social Security and Medicare unconstitutional, since they are not in the Constitution.
...but how will any of that happen if Republicans sit back and let Democrats appoint all the judges?