Coming This Fall: Disputed Elections—and a New Supreme Court Nominee?
An unelected six-person supermajority, the masterfully achieved goal of five decades of conservative intrigue, bought and paid for by billionaires, wielding power quickly and steadily on behalf of wealthy donors, the religious right and the Republican Party, has created an existential crisis for democracy and majority rule. The American public understands this: the Court’s credibility has reached its lowest level ever in recent opinion polls, which often show that fewer than four in ten Americans have a favorable opinion of the Court.
Alito, Thomas and other conservatives insist that the only partisan thing about their decisions is the criticism that they are partisan. They play with perplexity in thinking that they could possibly be considered anything other than scholars following the original intent of the Constitution. Either they expect us to believe it, even as Christian nationalist and distress flags hang in the Alitos courtyard, or they are simply ensconced so safely and permanently in power that they no longer care.
There are many reasons not to believe conservative judges when they deny they are partisan actors. But strategic retreats like this, if they happen, might make the most compelling argument. After all, if judges on both sides were content to uphold the Constitution and the rule of law, it shouldn’t make much difference which political party appoints them. Few of us remain so naive.
