Tag Archives: Supreme Court

The Political Crisis, January 2019 update

We’re about two years into the nightmare reality of Donald Trump’s presidency. An opposition party is about to take charge of the US House, breaking up the unified Republican control of Congress which has buttressed said nightmare reality. This seems like an appropriate time to take stock of the larger situation.

For better or for worse, though, I find that I have already written a lot of what I might say at this point. Overall I think my long-read assessment from late 2016 remains valid, particularly the emphasis on Trump as a symptom of the crisis more than its cause. My first thoughts on the midterms seem like they cover their significance fairly well: while they offer a measure of relief, it seems like mostly relief of symptoms. They don’t even solve the crisis—I think everyone anticipating that Trump is going away soon will be disappointed—let alone constitute solutions to the deeper long-term problems.

In terms of deeper solutions, the best evidence that I can see is the progress in overcoming gerrymandering. In the same year that Democrats miraculously won a House majority considered impossible under the 2011 maps, reformers made substantial progress toward a 2021 redistricting that is more fair rather than less. That’s meaningful, and positive.

Unfortunately this update also includes a number of cautions against optimism on that basis. As in the larger picture, it feels like progress to date has forestalled catastrophe in redistricting, but has not won the struggle. Detailing this could really be a separate post, so for the time being I will emphasize the serious threat of recent gains being reversed by the worsening situation in the federal judiciary.

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The US Supreme Court in the 21st Century

The phrase “Save SCOTUS” began appearing in my inbox and Twitter feed fairly regularly within a few days of Justice Kennedy’s retirement.

I realize that it’s just a hashtag, probably grasped at in the same embarrassing, unplanned haste that has characterized most liberal response to a circumstance for which concerned parties should have had plans ready long before now.

Yet I believe that the phrase does, if only by accident, frame the related events much more aptly than most of its promoters have even considered.

We are in fact confronting the end of the US Supreme Court as it has existed for as long as I can recall. For those who wish that kind of institution to persist, the very last opportunity to save it is indeed quickly expiring.

Spoiler alert: I’m pretty sure the Supreme Court of the late 20th century is beyond saving, no matter who replaces Kennedy. Although that institution’s fundamental conservatism has resisted the changes around it for nearly two decades, a different Supreme Court is emerging in the 21st century, like it or not.

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