By David R. Lurie, Esq.
At moments of national division and conflict, the power of the Supreme Court is often amplified, leaving its members with a choice to make. They can serve as a bulwark against extremism, as the Court did during the post-World War II era when it slapped back efforts by whites in the former Confederacy to preserve Jim Crow. Or they can promote division and conflict, as the Court did by issuing the Dred Scott decision in 1857, which incorporated the most radical of Southern slaveholders’ positions into the Constitution, including by denying Black Americans U.S. citizenship.
The current Court majority is plainly taking the latter course—one that can and has led America to civil war and other divisions in the past.
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