Can law be separated from public policy? Of course not.
We witnessed that in the Rhode Island Supreme Court's ruling in the lead paint public litigation Download Statev.LeadIndustriesAssoc.,Inc. Such an opinion seemed to reflect changing public policies during the decade of that lawsuit.
So, we have every reason to be concerned that now there are two members on the U.S. Supreme Court who are vocal about their poltiical beliefs. Clarence Thomas, reports POLITICO, has joined Antonin Scalia in coming out in support of the fundamentals of the Tea Party Movement. Neither has offered any defense of such a balant embrace of an ideology.
Given that conservatives aren't all that confident about beating incumbent Barack Obama in 2012, there could be an uprising a la Egypt and Tunisa against having Thomas and Scalia serving on the High Court. That could easily be organized and orchestrated through social media. Actually the drill is old hat.