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View Diary: Prop 8 is dead, but not for the reason you'd want. (140 comments)

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  •  It brings the courts to a standstill. (0+ / 0-)

    I agree with you that someone who has a rational basis for thinking their rights may be infringed by a law or policy or practice should have standing, as in the NSA example you cite.  I just wouldn't go past that, which is what the Prop 8 case represented.

    You know, I sometimes think if I could see, I'd be kicking a lot of ass. -Stevie Wonder at the Glastonbury Festival, 2010

    by Rich in PA on Thu Jun 27, 2013 at 03:58:14 AM PDT

    [ Parent ]

    •  Perhaps, if you assume no other changes (0+ / 0-)

      There is no reason that the court system has to stay the same size we have now. The argument that opening up standing or significantly limiting its use as a means of allowing the government or the courts to dodge actually addressing issues would bring the court to a standstill actually suggests that our court system has too few judges and probably has procedures that are much too inefficient to deal with the demand. There should be more article III judges in each of the district courts (and maybe more districts, too). There should be more appeals courts with smaller circuits. And perhaps there should be discussion about the number of justices on the supreme court too, as they should probably handle more cases, maybe even 2 or 3 times as many, each year. And all courts operate under rules better suited for the 18th or 19th century than the 21st. Careful consideration is certainly necessary. But the process takes too long and needs to be made much more efficient and time conscious if a case like the Perry case takes more than four years from being filed to the supreme court ruling. That it then says that it won't actually address the case itself on its merits, using the rather lame excuse of a questionable concept of standing, adds insult to the injury of the incredible inefficiency and slowness of the court process.

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