Has Anybody Here Seen My Old Friend, Justice Douglas?

There are virtually no societal changes of note in modern American history which were not either triggered or finally implemented by a landmark decision of the United States Supreme Court (although sometimes belatedly by decades). Think public school desegregation, first amendment protections, one man one vote, Gideon and equal protection, privacy rights, Roe v. Wade, and on and on. Though they wear suits, bow ties, and horn-rimmed glasses rather than capes and tights, there have been more than a few brave super heroes on the Court through the years. Without a doubt, an independent judiciary with even more independently thinking judges has been one of the indispensable safeguards of our democratic experience -- not necessarily perfect but close enough when absolutely required. With a few exceptions (e.g., Plessy v. Ferguson or Bush v. Gore), the justices have no doubt set aside honest differences and acted not as nine but as one when unanimity was critical for the country. How would history have differed if either Brown vs. Board of Education or the Nixon tapes decision had been 5-4 instead of 9-0?

Yesterday, without so much as a word or a whimper, our current crop of justices abandoned the mostly honorable tradition of their predecessors when the Supreme Court could not muster so many as four among them willing to even consider whether Bush's complete evasion of FISA court-approved warrants before engaging in domestic wiretapping might be unconstitutional -- much less criminal. A true low point in the history of the Supreme Court and our history.

Where are our courageous bow-ties when we need them the most?