All posts tagged: Brett kavanaugh

Saving the Supremes

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Democracy's Constitution / The Supremes

I was recently complaining to a friend about the Republican party’s successful efforts to politicize the Supreme Court, efforts culminating in the confirmation of Brett Kavanaugh.  The “Federalist Five”– Thomas, Alito, Roberts, Gorsuch, and Kavanaugh– are expected to provide  a right wing majority for the foreseeable future. My friend surprised me by noting  that my criticisms sounded like  “sour grapes;” he wondered if I would be equally outraged if the Democrats had been clever enough […]

How a Court Stops Being Supreme

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Democracy's Constitution / The Sjupremes

The short answer is that the Supreme Court stops being  supreme when it allows a political party to dictate the substance of its judges’ decisions. Let me explain. A good place to begin might be 1990  when George Bush Senior appointed David Souter to the Court. Souter, a New Hampshire Republican, had served as a New Hampshire  supreme court justice before being appointed. Although he had a long judicial record, Souter had ruled on few […]