Can I disagree with your argument that “the Supreme Court has weakened legal predictability in the United States”? (FT View, July 12).
I suggest the opposite is true. The decisions this term show the Supreme Court’s fidelity to the plain language of the constitution, a resurrection of the separation of powers between the legislative and executive branches of government, and a belated increase in voter power in our Republican democracy. This power includes the right to decide whether and to what extent termination of pregnancy should be permitted (a right exercised throughout the UK and EU) and the extent to which environmental laws can be mobilized to destroy the fossil fuel industry.
A court which finds new rights in the shadows or emanations of the constitution, and which is therefore subject to the whims of popular opinion, is less predictable than one which gives the words of the constitution their ordinary meaning.
And while the industries that have captured the administrative state may not welcome its dismantling, the rule of law is strengthened, not weakened, when the power of an unelected bureaucracy to make laws is limited by clear statutes of Congress. , direct and unambiguous.
Michael J Bond
Mercer Island, Washington, USA