The Future

“Same-sex marriage is very new,” Justice Samuel Alito recently observed during the Supreme Court hearings regarding the constitutionality of same-sex marriage bans. The Associate Justice further noted that “It may turn out to be a good thing; it may turn out not to be a good thing. But you want us to step in and render a decision based on an assessment of the effects of this institution, which is newer than cellphones or the Internet? I mean, we do not have the ability to see the future.”

Mr. Alito is certainly right. Neither he nor the rest of the Supreme Court have the ability to see into the future.  Which affirms that any case requiring the Court to take into account the future impact of their decision should not be heard. Unfortunately or fortunately, we can't be sure because of our own inability to foretell the future, that pretty much rules out all cases. After all, every decision will have a future impact that cannot be entirely predicted. 

So using Mr. Alito's logic, the Supreme Court shouldn't be making any decisions at all, which, you have to be admit, will do a lot to lighten their workload. Furthermore, this will give them more freedom to give speeches and make thought-provoking remarks, like the one Justice Scalia offered in December about same-sex marriage:

“If we cannot have moral feeling against homosexuality, can we have it against murder?”

Consider the profundity of this statement. Isn't it powerful? Isn't it full of indisputable logic? Aren't we lucky to have such a powerhouse sitting on our nation's highest court? After all, Justice Scalia is one of the great legal minds of the 21st century, and this statement is certainly further evidence of this. With the Supreme Court freed from making decisions, he can devote all of his time to offering up these intellectually tantalizing tidbits. What a treat for the nation!