Tag Archives: Supreme Court

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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