Any sense that they were above, or removed, from politics seems to have been burned away by this election and its aftermath. But in talking to longtime observers of the courts, especially the U.S. Supreme Court, it seems that the courts have always been political. It is impossible for them to be blind to the political consequences of their decisions. Maybe we just wanted to have one institution that was not arming for political combat. We expect them to be ideological.
Judges have philosophies of the law.
That's our subject for tonight. Unless of course, we get a decision. Then everything will be thrown up in the air yet again. I'm betting on chaos. Leroy Sievers is executive producer of Nightline.