The Supreme Court is a historically regressive and presently expendable institution

The Supreme Court is a historically regressive and presently expendable institution

[Ed. – ‘Down with SCOTUS’ t-shirts to hit the streets in 5, 4, 3, …]

The Kavanaugh hearings were a disaster, for the individuals involved and for the country. Most people on the left focus on the fact that a man who may well have committed sexual assault is now set to spend the next 30 or more years on the Supreme Court. That’s undeniably bad. But the problem is deeper than that.

What we saw in that hearing room is that our nation has splintered into two camps that increasingly despise one another. We see also that battles over who sits on the Supreme Court reflect—or perhaps have contributed to—this breakdown of American civic culture. In our national mythology, loyalty to our Constitution, and respect for the Supreme Court that is charged with interpreting it, is part of what unites us. But what if that isn’t true? What if the court and the Constitution are part of how the right fixes the game in its favor?

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