During almost every Supreme Court nomination battle, I try to make the same point: These fights wouldn’t be nearly so ugly if we didn’t invest so much power in the Supreme Court it shouldn’t have in the first place.
Until the Robert Bork nomination in 1987, Supreme Court fights were remarkably staid affairs. But by the late ’80s, the court had become a bulwark for all sorts of policies and laws that should rightly be in the portfolio of the legislative or executive branch, or, better, left to the various states. As a result, on any number of issues — most conspicuously abortion policy — the court became more important than the presidency or Congress. No wonder fights over Supreme Court appointments started to look more and more like political campaigns than debates over the finer points of judicial philosophy.
Jonah Goldberg, “Concentrated Power Inevitably Leads to Political Backlash”, Townhall.com, 2018-05-11.
August 26, 2020
QotD: The U.S. Supreme Court
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