I am sure it scares the Hell out of the Supreme Court — including two of my greatest heroes, Justice Scalia and Justice Thomas.
However, both those gentlemen, as well as the other Justices, need to be reminded that this sort of problem comes with the Robes and that not all decisions are going to be easy or cost free.
I would hazard a guess that it is Roberts among the 4 conservatives who is blocking hearing eligibility cases.
He swore the bugger in, after all.
And I have to believe he knew all the suspicions.
However, both those gentlemen, as well as the other Justices, need to be reminded that this sort of problem comes with the Robes and that not all decisions are going to be easy or cost free."
They need to follow the lead of the great Chief Justice John Marshall, who stated in Cohens v. Virginia 19 US 264 (1821):
"It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one."http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=19&invol=264