The Supreme Court After Scalia

The Supreme Court is a bulwark of reaction. We should be checking its power, not paying deference to it.


Justice Antonin Scalia — a reactionary presence on the Supreme Court for three decades — is dead.

In this moment and the moments to come, we have the opportunity to demand a different kind of Supreme Court — one disciplined and bounded by collective political action, rather than one standing athwart it. We must insist on this vision even while salvos of pleading, cajoling, and dire threats erupt from our right flank.

We will be told that the stakes for this year’s presidential contest are higher than ever. We will be instructed to uncritically support the presumptive (though beleaguered) Democratic nominee, or else risk losing the chance to prevent another conservative from joining the Court.

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