By Eric J. Segall* [Georgia State]
You seem to consider the judges as ultimate arbiters of all constitutional questions; a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. The constitution has erected no such single tribunal. –Thomas Jefferson
I. INTRODUCTION
There is rampant and substantial despair on the political left (and
maybe in the center as well) about the Supreme Court’s six-three conservative majority. In just a few years, the Court has decimated women’s reproductive freedoms, enlarged gun rights, essentially ended affirmative action, read the Free Exercise Clause broadly, deleted the Establishment Clause from the Constitution, and is dramatically cutting
back the ability of the administrative state to handle difficult national
problems. The dread is justified.
This new ultra-conservative Court, after Senator Mitch
McConnell’s norm-breaking manipulation of the confirmation process,
led to President Biden’s Supreme Court reform commission, which has
had no lasting effect and is now just a blip from the past. Additionally,
the new “ethics code” the Justices signed on to has no enforcement
mechanism and does not count as meaningful reform....
No comments:
Post a Comment