Regressive rulings show the urgent need for solutions to judicial overreach. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
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Brennan Center for Justice
 
In The Supermajority, a new book being published Tuesday, Brennan Center President Michael Waldman examines the impact of the Supreme Court’s radical shift. Last term, the conservative justices issued regressive rulings on abortion, guns, and environmental protection. The decisions relied on “originalism,” an extreme and deeply flawed method of interpreting the Constitution. The book also explores the scandals of that term, like the leaked Dobbs opinion and the revelation that Virginia Thomas, Justice Clarence Thomas’s wife, was involved in the attempt to overturn the 2020 election.
This month, the justices may take aim at affirmative action, fair voting maps, and other key democracy issues. Waldman explores solutions for curbing judicial overreach, such as adopting term limits and a binding ethics code, and puts forth a new vision of a Constitution that adapts to a changing country.
Kirkus called the book “a damning account of a Supreme Court gone wildly activist in shredding the Constitution.” Pre-order your copy of The Supermajority here.
On June 12, a Montana state court will hear the nation’s first constitutional climate trial. Sixteen plaintiffs ranging from toddlers to teenagers will seek to prove that the state’s fossil fuel–friendly energy policies violate the Montana Constitution’s guarantee of a “clean and healthful environment.” The case will be a test of states’ responsibility for contributing to climate change and the obstacles to enforcing environmental rights in state constitutions.
The Supreme Court agreed to hear a case that could undercut federal agencies’ regulatory ability and force Congress to legislate with increasing specificity. But a critical lack of expert staff has left legislators woefully underprepared to take on this task. Regardless of what the Court holds, the looming decision is a reminder that Congress must boost its expertise and research capabilities to meet the needs of a 21st-century society.
Last month, the Montana Supreme Court reaffirmed the right to abortion under its state constitution, striking down a law that limited the pool of legal abortion providers. But shortly after that, the governor signed new abortion restrictions into law, sparking another wave of litigation. As the fight over reproductive freedom continues in Montana — and across the country — state supreme courts’ interpretations of their constitutions will continue to play a pivotal role.

 
Events
 
VIRTUAL EVENT: Life After the Death Penalty
Wednesday, June 7, 3–4 p.m. ET
Join us for a live discussion about the death penalty, justice, and empathy. Panelists Alex Mar, author of Seventy Times Seven: A True Story of Murder and Mercy, and journalist Josie Duffy Rice will be led in conversation by moderator Laura Coates of CNN. RSVP today.
 
 
LIVE IN NYC & ONLINE: How the Supreme Court Is Dividing America
Tuesday, June 13, 6–7 p.m. ET
The most extreme Supreme Court in decades is on the verge of changing the nation — again. How did we get here? How will overreach by the justices impact the 2024 election? And what can we do to protect American democracy from a fiercely partisan Supreme Court? Join us at the 92nd Street Y or via livestream for a discussion of Brennan Center President Michael Waldman’s new book, The Supermajority, about the Court’s devastating 2021–2022 term. He will be joined by moderator George Stephanopoulos of ABC News, as well as constitutional law scholars Wilfred Codrington III and Cristina Rodríguez. RSVP today.
 
Produced in partnership between 92NY’s Newmark Civic Life Series and the Brennan Center
 
VIRTUAL EVENT: The Supermajority
Wednesday, June 21, 1–2 p.m. ET
Today's Supreme Court is the most extreme in decades. Nine unelected justices hold lifetime seats with great power and, driven by the majority’s originalist ideals, they are rapidly upending American life as we know it. Join us for a virtual event with Michael Waldman for expert analysis on the threat the current Court poses and what must be done to shore up democracy. RSVP today.
 

 
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Brennan Center for Justice at NYU School of Law
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646-292-8310
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