After the Kavanaugh confirmation: my take
Sam Moyn and Jack Balkin writing separately on the way forward after Kavanaugh's confirmation. Moyn, "Resisting the Juristocracy" via
The cult of the higher judiciary had its limits long before the left failed to block Kavanaugh. Now the only progressive move is to reclaim democracy. on Resisting the Juristocracy
"In the face of an enemy Supreme Court, progressives must recast the role of fundamental law in our society for the sake of majority rule." on Resisting the Juristocracy
“... everything now depends on how liberals and progressives decide to respond to the hard fact of right-wing control of the imperial judiciary.”
Justice disrobed: Moyn v Dworkin
There goes again, saying sensible things...
Progressives long looked to the US Supreme Court to secure rights such as reproductive freedom and marriage equality. With Kavanaugh now securing a right-wing majority on the court, there's a need to embrace politics and public opinion to secure rights.
It's not enough to try and make the courts 'nicer' post-Kavanaugh. We need to strip them of their power.
That is right. Glad this view is gaining traction. Still too many (liberal) Americans see their fundamentally problematic constitution as sacred. Resisting the Juristocracy
If you read one thing today — make it this from⁦ ⁦⁩ — “the United States is supposed to be a democracy not an empire.”
I'm a little late, but this, from , is absolutely essential. Democracy > The Constitution.
This is a great piece by . In short, the left should give up trying to occasionally make advances though judicial review and disempower SCOTUS instead.
“The mythology of constitutional law dies hard.”
Rather than packing the court, we need to now strip it of its power:
#Kavanaugh will likely be confirmed today. Here's what we can expect: "Affirmative action will be the first to go, with Kavanaugh’s vote. A federal abortion right is also on the chopping block."
"Because of the cult of the higher judiciary, Democrats find themselves facing an all-powerful institution set to impose its will on a majority of Americans who would decide things differently."
It's not enough to try and make the courts 'nicer' post-Kavanaugh. We need to strip them of their power.
Brett Kavanaugh will likely be confirmed today. Where do we go from here? Resisting the Juristocracy by
⁩: “The mythology of constitutional law dies hard. The notion that empowering judges would serve progressive outcomes is a flickering star that collapsed long ago, and it is long since time to accept the dying of the light”
A striking intervention by in stemming from #KavanaughConfirmed sent us racing back to his 2016 Viewpoint piece for us "The End of Human Rights History" #Kavanaugh #twitterstorians #HumanRights
"In cases ranging from Roe v. Wade to Obergefell v. Hodges (which legalized same-sex marriage), liberals entered an unholy alliance with Kennedy, Kavanaugh’s predecessor, to advance gay and women’s rights on a libertarian rationale."
The power of 's argument here is that rather than getting stuck in that normative clusterfuck, he rests his case against the Court on the cold, hard ground of reality. 3/n
The cult of the higher judiciary had its limits long before the left failed to block Kavanaugh. Now the only progressive move is to reclaim democracy.
If we want to reclaim our democracy, we've got to get rid of SCOTUS entirely 👋👋👋
"In the face of a solid conservative majority for many years to come, there is no doubt that many will look hopefully to Chief Justice John Roberts as the new swing vote. But Roberts will defect far less regularly than Kennedy. "
"A legal culture less oriented to the judiciary and more to public service in obtaining and using democratic power in legislatures at all levels is the sole path to progress now." #KavanaughConfirmed
"A legal culture less oriented to the judiciary and more to public service in obtaining and using democratic power in legislatures at all levels is the sole path to progress now. In fact, it always has been." via
The mythology of #constitutional #law dies hard. The notion that empowering judges would serve progressive outcomes is a flickering star that collapsed long ago...
"A legal culture less oriented to the judiciary and more to…obtaining and using democratic power in legislatures at all levels is the sole path to progress now." in
A good moment to read 's "Resisting the Juristocracy"
I heard professor Moyn on 's podcast recently. A really powerful call for progressives to rethink the undemocratic role of the #SCOTUS Resisting the Juristocracy #SCC #constitutionallaw
Hard to disagree with 's claim that the US has long been a "juristocracy" and that US progressives must reclaim a democratic mandate for reform
"Because of the cult of the higher judiciary, Democrats find themselves facing an all-powerful institution set to impose its will on a majority of Americans who would decide things differently."
"the only option is for progressives to ... to redo our undemocratic constitution itself." on the Resisting the Juristocracy
"Everything now depends on how progressives decide to respond to the hard fact of right-wing control of the imperial judiciary. The answer is obvious: the United States is supposed to be a democracy, not an empire." Thank you, !
"The mythology of constitutional law dies hard. The notion that empowering judges would serve progressive outcomes is a flickering star that collapsed long ago, and it is long since time to accept the dying of the light." Spot on,
A legal culture less oriented to the judiciary and more to public service is the now the only path forward.
Rather than packing the court, we need to strip it of its power:
It's hard to disagree with 's claim that the US has long been a "juristocracy" — not a democracy.
“The notion that empowering judges would serve progressive outcomes is a flickering star that collapsed long ago." Where do we go from here now that #Kavanaugh is confirmed?
"In cases ranging from Roe v. Wade to Obergefell v. Hodges (which legalized same-sex marriage), liberals entered an unholy alliance with Kennedy, Kavanaugh’s predecessor, to advance gay and women’s rights on a libertarian rationale."
Kavanaugh's confirmation is just one more iteration of white supremacy's death rattle. It's okay to be shaken. This is an ugly game. But a path will appear. Read at the height of his powers in this piece. --->
"Instead of terrorizing the court into moving through various court-packing schemes, it is a much better choice for the left to stand up for reforms that will take the last word from it."
In the face of a conservative majority for years to come, many (both inside and outside the court) will look hopefully to John Roberts as the new swing vote and treat him as the new “centrist” to lure. But Roberts will defect far less regularly.
“The notion that empowering judges would serve progressive outcomes is a flickering star that collapsed long ago, and it is long since time to accept the dying of the light.” A smart take by on why we should strip the Supreme Court’s power.
"In the face of an enemy Supreme Court, the only option is for progressives...to redo our undemocratic constitution itself." Surprisingly honest portrayal of the ultimate motivation of the American left. Change the character of the country.
"Progressives must embrace democracy and its risks if they want to avoid the stigma of judicial activism that still haunts them from the past." In which judges having the last word on matters of politics and social policy is suddenly a bad thing
Welcome thoughts on this from the con law faculty etc.
“Instead of terrorizing the court into moving through various court-packing schemes, it is a much better and bolder choice for the left to stand up for reforms that will take the last word from it”: on “Resisting the Juristocracy”
Resisting the Juristocracy
Then there was my call - did anyone notice it? - on the day of the confirmation to "resist the juristocracy." 14/