When “the Court’s interpretation of the Constitution is egregiously wrong,” the president should refuse to follow it.
Those two statements were made roughly 60 years apart. The first is from segregationist Alabama Gov. George Wallace (D). The second was made by two liberal professors this month.
In one of the most chilling developments in our history, the left has come to embrace the authoritarian language and logic of segregationists in calling for defiance and radical measures against the Supreme Court.
In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism.” Thus, in light of the court’s bar on the use of race in college admissions, they argue that Biden should just continue to follow his own constitutional interpretation.
We live in interesting times.