Author: Matthew Hitt

Summary: The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. The Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.

Learn more: https://www.press.umich.edu/10087106/inconsistency_and_indecision_in_the_united_states_supreme_court