Reply to The Illegitimacy of the Supreme Court

Forum Index » Political Discussion

Reply to "The Illegitimacy of the Supreme Court"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous]"No one party or ideological movement has established hegemony over American politics in our moment, but the current Supreme Court represents a coalition that has burrowed itself into the judiciary in the hope that it can reshape the political order by judicial fiat even as it loses at the ballot box. 
---
What’s new about this particular configuration of institutional powers is that the Supreme Court is strongly affiliated with a party that is not a dominant governing coalition. The Taney and Fuller and White Courts were awful, but they were awful because they more or less faithfully represented the views of the dominant electoral coalition of their eras. The Roberts Court, conversely, represents the party that has won the popular vote once in the last 8 elections. There’s really no precedent for this in American history. In the short term, there is no viable remedy for it, and any longer-term remedy would require something to overcome the current trend of educational polarization that would allow the Democratic Party to be a dominant enough electoral coalition for Congress to use the formal powers it has to check the power of the judiciary. And needless to say we will need the too-large quantity of Democrats who seem unaware that Earl Warren is dead to fully age out. But as Jamelle also correctly observes, the fact that the Court is in a position to tilt the rules in favor of the minority faction and has already done so in critical atrocities like Shelby County and Rucho makes escaping this anti-democratic feedback loop even harder.

As dismal as the history of the Supreme Court has been, this particular Court is particularly illegitimate, and this needs to be widely recognized among the non-reactionary elements of American politics before anything can be done about it."

Source: https://www.lawyersgunsmoneyblog.com/2023/05/the-supreme-court-legitimacy-and-post-regime-politics[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics