NYT | The Supreme Court Isn’t Listening, and It’s No Secret Why
“Over the past several years, the court has been transformed into a judicial arm of the Republican Party. This project was taking shape more quietly for decades, but it shifted into high gear in 2016…Within four years, the court had a 6-to-3 right-wing supermajority, supercharging the Republican appointees’ efforts to discard the traditions and processes that have allowed the court to appear fair and nonpartisan.
As a result, the court’s legitimacy has been squandered in the service of partisan victories.”
- TBTC President Aaron Belkin responds in a letter to the editor: “Expansion is the best solution to the court’s dangerous embrace of radical politicized positions, and hence a necessary step if democracy is to be restored. Even if Congress were to pass legislation banning voter suppression, gerrymandering and dark money, the current court would likely strike it down."
“The ISL theory should be laughed out of court. In a bygone era, it would have been. But at the state level, as in Arizona, Republicans have manipulated the size of the state Supreme Court to advance their assault on democracy. Supporters of democracy have a simple choice: They can expand the U.S. Supreme Court, restoring its balance and legitimacy by bringing it in line with the will of the American people, or they can surrender.”
“These 12 decisions demonstrate why the legitimacy of the court is in question. It’s not ‘simply because people disagree with an opinion,’ as Chief Justice John Roberts whined earlier this month. It’s because the radical, extreme majority has been dismantling core tenets of the Constitution and settled law, undermining the will of the majority of Americans, throwing out decades—even centuries—of precedent, and demonstrating that it is an existential threat to the rule of law.”