As the Supreme Court considers Donald Trump性视界传媒檚 immunity claims, many commentators are deeply concerned.
Writing in Politico, for example, Ankush Khardori asserted that, 性视界传媒淭here is good reason to remain worried about the conservative justices性视界传媒 handling of the case so far, about how they have already influenced the 2024 election to Trump性视界传媒檚 political benefit and about how they could inflict still more damage on the most important democratic process in our country: the presidential election.性视界传媒
Distrust of the court is nothing new, of course. But Democrats性视界传媒 criticism in recent years has been fierce.
性视界传媒淭he problem is not that the Supreme Court is just conservative,性视界传媒 Rep. Katie Porter said. 性视界传媒淭he problem is that it is corrupt.性视界传媒
According to Rep. Cori Bush of Missouri, 性视界传媒淭he Supreme Court is a cesspool of corruption devastating our communities.性视界传媒
Sen. Jeff Merkley of Oregon put it this way: 性视界传媒淭his activist, extremist MAGA court faces a legitimacy crisis.性视界传媒
This rhetoric is overheated, to be sure. But it性视界传媒檚 hardly surprising. Stepping back and assessing the court since 2000 puts the vitriol into perspective. There have been numerous catastrophic setbacks for Democrats.
The first came in late 2000 when the court decided 性视界传媒 sharply along partisan lines 性视界传媒 the presidential election between Republican George W. Bush and Democrat Al Gore. In Bush v. Gore, five conservative justices gave Bush the victory.
Having unelected judges decide a presidential election 性视界传媒 in either direction 性视界传媒 was sure to enrage half the country. And Democrats性视界传媒 distrust of the court multiplied as Bush appointed two conservative justices, John Roberts and Samuel Alito, who sent the court性视界传媒檚 jurisprudence careening rightward.
Then came the second major setback. In Barack Obama性视界传媒檚 last year in office, 2016, sitting Justice Antonin Scalia (a conservative) passed away. Obama nominated centrist federal appellate Judge Merrick Garland to replace Scalia. But the Republican-controlled Senate refused to hold confirmation hearings.
Led by the Senate Majority Leader from Kentucky, Mitch McConnell, Republicans asserted that it was up to the Senate majority 性视界传媒 alone 性视界传媒 to decide whether to consider the president性视界传媒檚 nomination. 性视界传媒 The American people should have a voice, not this lame duck president out the door,性视界传媒 McConnell said. 性视界传媒淎ll we are doing is following the long-standing tradition of not fulfilling a nomination in the middle of a presidential year.性视界传媒
Donald Trump, a Republican, was elected president several months later. And Trump, in turn, quickly nominated conservative Justice Neil Gorsuch, who McConnell and Senate Republicans giddily confirmed.
In 2018, Ronald Reagan-appointee Justice Anthony Kennedy resigned and Trump nominated federal appellate Judge Brett Kavanaugh, a more conservative judge than Kennedy in key areas (including abortion). The Senate confirmed Kavanaugh 50性视界传媒48.
Then came the decisive setback. Sitting Justice Ruth Bader Ginsburg (appointed by Democrat Bill Clinton) passed away in 2020, just a few months before the presidential election. And Senate Republicans flip-flopped. Confirming a justice during a presidential election year suddenly wasn性视界传媒檛 a problem. And in strode another conservative justice, Amy Coney Barrett, to replace Ginsburg.
Thus, three instances of happenstance 性视界传媒 Bush v. Gore, McConnell性视界传媒檚 betrayal, and Ginsburg性视界传媒檚 replacement 性视界传媒 placed four new conservative justices on the nine-person court.
Is it any surprise Democrats are angry?
In May 2022, the court overruled Roe v. Wade. Instead of simply upholding the Mississippi law at issue 性视界传媒 which outlawed abortions after 15 weeks 性视界传媒 a bare majority of five conservative justices went further and eliminated the entire 50-year-old constitutional right to an abortion. And they didn性视界传媒檛 stop there. The very same week, the conservative justices struck down a New York gun regulation. Instead of simply declining to hear the case, they construed the Second Amendment to give Americans the right to carry firearms in public.
Respect for the court is central to the rule of law. And Americans of all stripes still do respect court orders. But this won性视界传媒檛 last if the court sacrifices its long-term legitimacy to satisfy short-term judicial cravings. By electing to gratuitously overturn Roe and expand the Second Amendment, the court性视界传媒檚 conservatives undermined its essential place in America性视界传媒檚 Constitutional constellation. They leaned deep into the darkest corners of American tribalism and polarization and forced all Americans to toe their line.
They did so at precisely the wrong time, in precisely the wrong way. And not because they had to 性视界传媒 but simply because they could.
