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Tag: Supreme Court

Elections Are Not Therapy

The Nation’s Elie Mystal makes the case for why people who care about protecting our rights will vote for Democrats even if we aren’t happy with some of their failures.

It is important that people understand that elections are not therapy. Even if they don’t lead to all the results we want, they can reduce the harm inflicted upon many of our neighbors.

Remember Checks and Balances?

While we may be used to giving the Supreme Court an extreme amount of deference, that isn’t how our system of government is supposed to work.

Remember how essential checks and balances are supposed to be in our Constitutional framework? The Washington Post’s Jamelle Bouie explains that the other two branches of our federal government are not powerless to respond to a radicalized Supreme Court doing the Federalist Society’s business:

It can impeach and remove justices. It can increase or decrease the size of the court itself (at its inception, the Supreme Court had only six members). It can strip the court of its jurisdiction over certain issues or it can weaken its power of judicial review by requiring a supermajority of justices to sign off on any decision that overturns a law. Congress can also rebuke the court with legislation that simply cancels the decision in question.

In the face of a reckless, reactionary and power-hungry court, Congress has options. The problem is politics.

That’s spot on. Democrats have shown little appetite to fight the battle in front of them.

A Horrible Decision for our Nation

Today the Supreme Court’s majority did with their ruling in Dobbs v. Jackson Women’s Health Organization what the Federalist Society and radical Republicans selected them to do: overturn Roe v. Wade and Casey v. Planned Parenthood.

This decision is the culmination of a five-decade effort to take away the right to abortion. It is a horrible decision for our nation. And Justice Clarence Thomas makes clear in his concurring opinion that the radical right’s work is not done.

Today’s emergency episode of the Strict Scrutiny podcast features an appropriate level of anger in its analysis of the decision and its implications. It also includes a discussion of what we need to do now.

I hope we will now start listening to the people like these hosts who warned us that Roe (among other rights) was in trouble. As discussed in the episode, Leah Litman spoke out in ways that put her at risk before she had tenure.

We keep bringing back the people who were wrong on the critical issues of the 20th Century. Wrong about the Iraq War. Wrong about the housing crisis. Wrong about Republican obstructionism in the Senate. Wrong about whether these Justices would respect precedent. Wrong about the radicalization of the Republican Party starting with Nixon. Wrong about the impact of Trumpism.

We don’t need to hear more from those who were wrong. Let’s listen more to people like Melissa Murray, Kate Shaw, and Litman, who have been right all along.