Gaming the Supreme Court

Ian Millhiser has an article over at Vox suggesting that Justices Sotamayor and Kagan should retire while there is still time for Joe Biden to appoint youthful successors who can be confirmed by a Senate still under Democrat control.

If Sotomayor and Kagan do not retire within the next two years, in other words, they could doom the entire country to live under a 7–2 or even an 8–1 Court controlled by an increasingly radicalized Republican Party’s appointees.

He writes that as if it would be a bad thing for the country to have judges who follow the Constitution.

OK, I suppose that is a problem for Progressives who for most of the last century have used the courts to impose social policy that could not get enough votes in Congress or state legislature. Winning court cases based on emanations of penumbras was usually easier than convincing legislators and the public to amend the Constitution. A court that sticks to the written rules is just too much of a burden on their “democracy” to be tolerated by right thinking people.

In spite of his screw ups in the 2022 election cycle, we owe a debt of gratitude to Cocaine Mitch for his work getting good judges confirmed.

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