In a recent speech at Independence Hall, President Biden called on Americans to stand against an assault on democracy — the ongoing assault waged by insurrectionists and would-be patriots, by election deniers and other extremists. “We are not powerless in the face of these threats,” he insisted. “We are not bystanders.”
Yet that role — bystander — is exactly the one Mr. Biden seems to have assigned himself when it comes to the Supreme Court, which is posing a more profound challenge to the American system of self-government than any violent mob has managed.
The court’s conservative justices have issued a run of rulings that make it harder for many Americans, particularly citizens of color, to vote; make it easier for partisans to grab power by distorting the shape of legislative districts; and make it nearly impossible to counter the corrupting influence of money in politics. This is only a partial list — and is, most likely, only the beginning.
In the term that starts on Oct. 3, the conservative bloc, six justices strong and feeling its oats, will decide whether an Alabama congressional map discriminates against Black voters and will consider a novel theory that state legislatures should have a free hand, unconstrained by state courts, in setting rules for federal elections.
After the court, in Dobbs v. Jackson Women’s Health Organization, eliminated the constitutional right to abortion, Mr. Biden stood in the White House and decried the decision as “the culmination of a deliberate effort over decades to upset the balance of our law.” He hit the same refrain the next week, warning that an “extremist court” was “committed to moving America backwards.”
. . . While Mr. Biden promises to “build back better,” the court’s majority is a demolition crew, razing or gutting legislative landmarks — the Voting Rights Act, the Clean Air Act — by means of sweeping opinions. . . . [They are ] the defining project of the court’s conservatives: to lay waste to the welfare state and the administrative state, the civil rights revolution, the underpinnings of an accountable, workable government.
In Philadelphia and on the hustings, Mr. Biden has begun to acknowledge the tribal warfare that consumes this country. Yet the Roberts court is both a product and a sponsor of that conflict, and the president should say so. He needs to “take the country to school,” as Felix Frankfurter, who would later become a Supreme Court justice himself, urged Franklin D. Roosevelt in 1937, when another ideologically driven court had put democracy on the docket.
. . . In a similar spirit, Mr. Biden should view adverse rulings as opportunities to deliver his own dissents — to expose the designs of majority opinions, demystify them, debunk them, show whose interests they serve and whose they do not, and provide a countervailing view of the Constitution.
—– Historian Jeff Shesol, in the New York Times
But Tuesday, Tuesday — And Soon Tuesday will Be Voting Day . . .
Women’s Choice — No! But Guns Everywhere, Yes!
The Leak That’s Bleeding Women All Across The Map
Oh— Did We Forget to Mention —??
An Old Lesson – Time to Re-Learn It . . .
This “Horton” Today Is Listening to — Who???
Dark Money, Babe — Definitely Not To You!