The Supreme Court is an antidemocratic institution that has thoroughly delegitimized itself under Roberts. Progressives need to start taking seriously what it looks like to meaningfully challenge the Court's presumed authority -- up to and including nullification. - ThreadSky

maxberger.bsky.social • 382 days ago

The Supreme Court is an antidemocratic institution that has thoroughly delegitimized itself under Roberts.

Progressives need to start taking seriously what it looks like to meaningfully challenge the Court's presumed authority -- up to and including nullification.

Reposted from Mark Joseph Stern

Justice Alito takes aim at marriage equality again, warning that Obergefell means "Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct" are being "labeled as bigots and treated as such" by the state and "society." www.supremecourt.gov/orders/court...

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webrant.bsky.social•382 days ago

The Supreme Court has always been an avenue for concentrated capital to protect its corruption from accountability in a democracy with minority control.

That's why there are still only 9 justices despite overseeing 13 Federal Appellate Courts. It's more affordable for oligarchs.

Expand or nullify.

joshgalperin.bsky.social•382 days ago

#SCOTUS isn't antidemocratic. Its antimajoritarian. Its part of the larger democratic ecosystem insofar as it provides an avenue for individual counter-majoritarian contestation, deliberation, and express reason-giving. See, e.g., https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4404995

Everything else you say is correct!

maxberger.bsky.social•382 days ago

Excited to read it! I'd argue SCOTUS is antidemocratic (historically, structurally, empirically) but there is a need for a comparable institution in any republic which serves the purpose you define. There was a brief moment where SCOTUS served the role you describe, but it was the exception.

joshgalperin.bsky.social•382 days ago

I have nothing good to say about the current court, and I think we're mostly in agreement. But my basic assertion is that being anti or even counter-majoritarian can still be democratic to the extent it provides avenues for different types of engagement in public decisionmaking. (1/2)

joshgalperin.bsky.social•382 days ago

SCOTUS has often done things most ppl dislike (including things I do like, eg Brown). But is that antidemocratic? I *think* saying SCOTUS is empirically, historically, & structurally antidemocratic assumes going against popular will is itself antidemocratic. I genuinely don't know if I agree.

andrewgowen.bsky.social•382 days ago

You should see the Last Week Tonight wit John Oliver. Covered the Supreme Court and the payments judges receive from billionaire donors.

dmeis22.bsky.social•382 days ago

I'm going to live my life so that I never heed any of Justice Alito's admonitions.

erikonymous.bsky.social•382 days ago

I'm thinking more like up to and including [parody].

lawyerbennett.bsky.social•382 days ago

After Bush v. Gore, I have no respect for the Supreme Court. It's an arm of the federalist society. What happened to the days when justices would be nominated from all areas of the political process. Hugo Black was a Senator from Alabama. Wm O. Douglas was a law school professor. Great judges.

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