I've never run this as Neg so I can't really go into details on this argument but there is a difference between the opinions of supreme court members and congress members so just because congress votes based of their opinions doesn't make it the same, But this argument could be debated for hours with no clear conclusions since it's just debate theory. Also what kkendrick said is another reason using the supreme court is a bad idea
I don't think it's the same because Congress votes based on their opinions - I think it's the same because SCOTUS and Congress are both Constitutionally-established - both are entities
in and of themselves. Just like you can fiat the President - which is literally one person - to issue a complex executive order doing something, I suggest that you can fiat SCOTUS to write a complex opinion.
All of that said, I think fiating the Court is (typically) a terrible idea - but not really for these reasons. 99% of the time when people fiat the Court, they just make a blanket statement saying the "Court will overturn XYZ" or "issue an opinion stating ZYX."
But that's wrong: in order for SCOTUS to act, it must have a test case
- a case where the appellant has standing to sue the Federal government over the application of a set of laws based on the interpretation of the Fourth Amendment. Thus, in order to fiat SCOTUS to make a decision on XYZ, you must also fiat an individual or something which is not the federal government to bring suit against the government. (The federal government can't sue itself - Congress cannot sue the President (insert legal citation which I've since forgotten here).)
That's the real problem with fiating SCOTUS. The only way it will work is if there is a presently pending case to which SCOTUS can grant cert/has granted cert.
I personally would never run a case like that simply for that reason. The impacts for disads would be sooo incredible crazy. To make a ruling as the Supreme Court, you would have to present the reasoning.
Your plan doesn't have to explicitly outline how a law will be written in Congress - thanks to fiat power, we sort of just assume that the law is well-written because we want to test whether or not the concept of the policy will be a good thing. I suggest fiat power extends the same privilege to court decisions.