Putting the Supreme in the Supreme Court | Sheneman

Listen, we all saw this coming. Anyone who pays even passing attention to the machinations of the court knew how this term would ultimately shake out. Late June/early July is decision season and those crafty jurists tried throwing us a curve ball early on by reaffirming some elements of the Voting Rights Act, but then last week they dropped the hammer.

The six conservative justices decided Congress shouldn’t have all the policy-making fun so they struck down LGBTQ protections and sent affirmative action packing. Reached for comment, the GOP decided they don’t mind activist judges anymore. Don’t miss an issue of our Opinion newsletter! Get it delivered each Wednesday right into your inbox by adding your email below and hitting"subscribe."The Supreme Court has dropped any pretense of being an independent body. It is now a purely partisan branch of the federal government willing to ignore decades of case law and precedent to achieve their desired outcome.

Originalism isn’t a judicial philosophy, it’s an excuse. Adjudicating based on a centuries-old document that pre-dates indoor plumbing is asinine. Originalism allows the justices to order a la carte and affirm the stuff they like and 86 the stuff they don’t simply by claiming the offending cases don’t adhere to the spirit of the constitution, whatever that means. The further the court drifts from public opinion at large, the closer it gets to the dreaded I word — illegitimate.

The legitimacy of the court shouldn’t be taken for granted. Legitimacy is, in a sense, all the court has. What happens if states start refusing to obey the court’s increasingly conservative rulings? There is no Supreme Court Strike Force. Andrew Jackson, speaking of the chief justice, once said, “John Marshall has made his decision, now let him enforce it.” The more rights it strips away, the more protections it takes from protected classes, the closer the court gets to a crisis.

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