The guardrails that kept the Court close to public opinion are failing. Even though Democratic candidates have won a majority of the two-party vote in seven out of the last eight presidential elections, six out of the court’s nine current justices were appointed by Republican presidents. This resulting majority is strong and reliably conservative, and our data shows that it appears to be settling into a position that reliably corresponds to Republican Party preferences — and is to the right of the vast majority of Americans.
They say this as if it were a bad thing.
If you were think about this a little bit you might come to the conclusion that they don’t really understand that the courts are not supposed to represent public opinion. Their job is to represent the law. The U.S. Constitution being the highest law of the land is the primary reference for all their rulings. For example, if a majority, or even a super majority of the public were of the opinion that people should be able to sell their children/white males/Asian females/whoever into a lifetime of slavery SCOTUS has the legal requirement to, and should have the backbone to, firmly say, “No.”
Perhaps they just need things explained to them. Right?
No. That is not the reality of the political landscape. Many do understand that SCOTUS is acting correctly when the uphold the constitution. The political left is now explicitly saying the quiet part out loud:
In a New York Times essay, law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale are calling for the Constitution to be “radically altered” to “reclaim America from Constitutionalism.” In order to accomplish this dubious objective, they call for shifting from the “Pack the Court” to “Pack the States.” The attack on “constitutionalism” is chilling but these professors are not the first to lash out at our Constitution as the scourge of social justice.
The New York Times column called for citizens to view the Constitution as the real enemy and to push to “radically alter the basic rules of the game.” The attack on our Constitution has become something of an article of faith for the far left in recent years.
Recently, Georgetown University Law School Professor Rosa Brooks drew accolades for her appearance on MSNBC’s “The ReidOut” after declaring that Americans are “slaves” to the U.S. Constitution and that the Constitution itself is now the problem for the country.
CBS recently featured Boston University Professor Ibram X. Kendi, who proclaimed that the Second Amendment was little more than “the right to enslave.”
MSNBC commentator and the Nation’s justice correspondent Elie Mystal has called the U.S. Constitution “trash” and argued that we should ideally just dump it. Mystal, who also writes for Above the Law, previously stated that White, non-college-educated voters supported Republicans because they care about “using their guns on Black people and getting away with it.”
Doerfler and Moyn make the same case with a twist in seeking to pack the states. They insist that “The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.” Rather than recognize that this document has produced the longest standing and most stable democratic system in history, professors denounced it as a “some centuries-old text” because it stands as a barrier to their social and political agenda. The problem, they suggest, is that many liberals still believe in constitutionalism as opposed to raw majority power.
Prepare and respond appropriately.