Today we
learn that Alito opposed reapportionment. There is some debate on whether he did so because he's not a stringent defender of democracy itself, or whether he felt the courts should not be overturning the will of majority elected legislatures and executives, even at the state level.
I'm going with the second one, as the idea that he doesn't believe in democracy needs more evidence than this one ruling. I argue such a belief (in limiting court powers) leads to further growth of unchecked executive power.
I'm gravely concerned at the idea of having a Supreme Court Justice who doesn't believe the courts should overturn laws. What then, does he think the role of the courts should be? Lawsuits and criminal trials? Is he trying to rule himself out of a job?
Doesn't the Constitution become a meaningless document without a strong judicial branch ready to defend it against tyranny of the majority?
In an era where media attention focuses on the Executive branch, as symbolized by 1 person, where the legislative branch has for too long toed the line (or been too busy using pork to get themselves reelected to care what the executive does), I'm loath to allow the Judical branch to stand down. I was horrified when a lower court ruled it didn't have jurisdiction over what happened at Gitmo, or anywhere off US soil. Luckily, the SC overturned this absurd idea. Sustained, this ruling would have represented a terrible dereliction of constitutional duty on their part, and Alito would have ruled with the minority. The Executive was trying to create an extra-legal free-zone to do whatever it wanted, and the court wisely slapped it down.
Worse, Alito thinks the courts have no authority over such matters even on US soil.
The courts serve a vital function in tackling issues that elected officials are afraid to. Judicial activism is not some inherent constitutional crime, it is an intended part of the function of courts. Worse than merely supporting unconstitutional laws enacted by majorities, Alito will lobby for the courts to revoke their own authority to rule on such things in future. The Supreme Court more or less gets to decide its own authority, and this guy wants to reduce the court to just another criminal and civil appeal court.