Sunday, October 25, 2020

The Future of the US Supreme Court


For John, BLUFMore on messing with thew structure and orientation of the US Supreme Court.  Nothing to see here; just move along.




From Althouse, by Retired Law Professor Ann Althouse, 25 October 2020.

Here is the lede, a para from Bloomberg:

"It’s worth remembering that the undoubtedly conservative Supreme Court that has existed over the last 30 years give us [sic] gay rights, gay marriage, and now statutory protection for the rights of trans people.  The same court has chipped away at affirmative action, but has not (yet) eliminated it.  Ditto for abortion rights.  Yes, it eviscerated the Voting Rights Act, but in a way Congress could repair if it so chose.  In fact, in the almost 90 years since Franklin Delano Roosevelt became president, the Supreme Court has been better for liberals than for conservatives.  That could change, to be sure.  But Democrats need to think hard about the dangers of changing a Supreme Court that has, in many instances, advanced the causes of equality and justice even when most of its members were self-described conservatives appointed by Republicans."
This is about the nomination and expected confirmation of Judge Amy Coney Barrett to the US Supreme Court, to replace the recently passed Justice Ruth Bader Ginsburg.  Professor Althouse does a good job of quickly reinforcing the points made by Harvard Professor Noah Feldman.

Hat tip to Ann Althouse.

Regards  —  Cliff

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