The Supreme Court Is Out of Control. This Is Our Best Hope.

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Supreme-Court News

Congress,Democracy

Things do not have to be this way.

, declaring that presidents have between presumptive and total immunity from prosecution for official acts. This decision may make it impossible to hold former President Donald Trump accountable for trying to overturn the 2020 election, and will embolden him to abuse his power even more flagrantly if he is elected again.

All of this comes on top of the court’s many other decisions in recent years that have chipped away at our rights and undermined our democracy: allowing states to ban abortion, weakening public-sector unions, invalidating a student debt forgiveness plan, gutting the Voting Rights Act and flooding our politics with dark money, preventing Congress from expanding Medicaid nationwide, banning affirmative action in higher education, constricting the Environmental Protection Agency’s ability to...

During the Reconstruction period after the war, Congress amended the Constitution and passed numerous laws to safeguard the rights of formerly enslaved people. But the court quashed these attempts to guarantee equality and justice by interpreting the Reconstruction amendments to the Constitution narrowly, and striking down or narrowing many of those laws. This permitted decades of racist disenfranchisement, segregation, and racial terror against Black people.

• The report also discusses other reforms which would complement these: ethics reform, shadow docket reform, lower court expansion, term limits, and laws to correct antidemocratic judicial doctrines like qualified immunity for civil rights claims and the “major questions doctrine.”Congress could enact any of these through regular legislation, and many of them have been used multiple times before.

 

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