Oh, Vox Vox Vox. Back when Barack Obama was appointing hardcore Progressives Sonia Sotomayor and Elana Kagen to the Court everything was lollipops and unicorns. But now that Donald Trump has appointed Constitutional originalists Neal Gorsuch and Brett Kavanaugh to the court we have Leftists melting down
The case for abolishing the Supreme Court
When he was arguing for the ratification of the Constitution, Alexander Hamilton wrote that the judiciary “will always be the least dangerous branch to the political rights of the Constitution,†in part because he believed the federal courts would stand above the political fray and act as a bulwark against tyranny from all directions.
But it’s hard to defend the Supreme Court on these grounds today.
As my colleague Matthew Yglesias noted last week, the Court is now a blunt political instrument, used repeatedly to undermine outcomes of democratic governance — often on behalf of corporate interests. And the recent disaster that was the Brett Kavanaughconfirmation has further delegitimized the Court in the public’s mind.
So it’s perfectly reasonable to ask if we should abolish the Supreme Court, or at the very least strip the Court of its ability to overturn laws that it rules unconstitutional. If the Court is no longer a neutral arbiter of the law, if it’s gradually shape-shifting into a partisan weapon, then maybe it’s time to rethink its role in our constitutional system.
Got that? Since the court is there to make decisions based on the Constitution rather than how some people voted, abolish it! Which is an interesting notion, considering how often liberals use the Supreme Court, and many lower courts, to overturn the will of the voters. Think, not so long ago they took it to SCOTUS to overturn many voter referendums that made gay marriage illegal in several states. Without the Court, that doesn’t happen.
Anyway, writer Sean Illing goes on to discuss this all with Mark Tushnet, a law professor at Harvard, and there’s way too much to fisk. And, really, this is all about Democrats being sore losers. Who should remember that without judicial review, many of their pet initiatives would be killed. There would be no Roe V Wade. Gay marriage would be against the law in California. And so much more.
Stop being sore losers. Stop having kneejerk sore loser reactions to everything. They won’t.
