The Most Significant 72 Hours for the SCOTUS in a Third of a Century
A portion of the American people began voting for a change in the direction of SCOTUS in 1968, after the Warren Court had done much crucial good in many fields such as delivering on the promise of the 14th Amendment, but had also overextended its hand especially with regard to the Religion Clauses.
That portion grew dramatically after Roe v. Wade and continued to grow as the Court and the lower federal courts grew increasingly distant from the mainstream of American opinion, especially in matters of culture and faith. By the time the Ninth Circuit declared the words “under God” to be contrary to the Foudners’ vision of the country, the Supreme Court had gotten around to declaring the death penalty for a 17 year old, 11 month and 29 day old killer of cops always to be “cruel and unusual punishment,” private property to be always up for grabs to government, international law to be persuasive in the councils of the SCOTUS, limits on political speech to be consistent with the First Amendment but limits of the crudest form of porn to be protected under the same, and the Ten Commandments to be a threat to religious freedom, the size of the portion of the electorate that votes for reform of the Court had grown significant.
The cheerleaders of the expansion of SCOTUS power in the service of the left’s agenda used the same period to organize and to refine the tactics of anti-majoritarian obstructionism via the courts. The left is good –very good, in fact– at creating furor and spreading fever at the prospect of reform of the federal courts via the appointment of principled jurists.
But no relatively small faction can forever stand against a deep and wide demand for reform.
The next three days will be dramatic and revealing, a last stand of sorts by the left against the tide demanding reform of the courts that began running in this country long ago. It is a good thing that reform is not easily or quickly achieved when it comes to SCOTUS. But it would be a far worse thing if that reform was never possible. It is possible, and the mounting hysteria on the left at the prospect of a Justice Alito –a superbly qualified and humble jurist– tells us it is imminent.
Watch as much as you can. Check in frequently at BenchMemos and ConfirmThem. It is truly a crucial moment in American history. And it appears to be going the right way when the left is so early on reduced to naked lies.