Supremes gut Navy sonar ruling

Well, the harebrained Federalist Society devotees on the U.S. Supreme Court did it again, didn't they?

A divided SCrOTUS has now allowed the Navy to use sonar in military training exercises even when it threatens Pacific marine life. This ruling largely overturns a federal judge's order that would have required the Navy to mitigate the exercises' threat to dolphins and other marine mammals.

The lower court was merely following the law. The Navy has ways to mitigate sonar damage, but instead of using them, it appealed that judge's order to the Supremes.

In writing for the majority, right-wing Chief Justice John Roberts seemed to substitute his own judgment in place of what the laws actually say. This is commonly called legislating from the bench - or judicial activism. It might not be as clear-cut in this case as it is in others, but it's certainly there.

This is just one of many cases that underscores the difficulties presented by the Supreme Court's conservative majority. To them, the rule of law is almost just a "damn piece of paper" (as Bush might say). Among today's Supreme Court, ideology usually rules; law usually doesn't.

This consistent pattern of judicial activism is why I'd fully support court-packing once the new administration takes office.

(Source: http://www.scotusblog.com/wp/court-rules-for-navy-in-sonar-use)