What Exactly Is the Liberal Position on the Supreme Court?

The Supreme Court is way too powerful — and its power shouldn’t be wielded for good, it should be permanently undermined. Many liberals are close to coming around to this position, but few articulate it clearly.

The inside of the United States Supreme Court. Phil Roeder / Flickr


Supreme Court justice Ruth Bader Ginsburg died on Friday, causing a lot of liberal consternation about the future of the Supreme Court. Before Ginsburg’s death, there was a five-to-four conservative majority on the court, but chief justice John Roberts sometimes crossed the aisle to vote with liberal members on certain cases. If Ginsburg is replaced by Donald Trump and the Republican Senate, the conservatives will have a six-to-three majority, which will make it harder than it already is for liberals to win contentious cases before the court.

The problem this creates for liberal members is clear enough: they will no longer have much power over the decisions of the Supreme Court. But the liberal solution to this problem remains a bit confusing.

The Supreme Court performs a variety of functions, but the main one that people talk about is the power of constitutional review. The way this power works is that the Supreme Court has the ability to declare laws as either allowed by the Constitution or disallowed by the Constitution.

Sorry, but this article is available to active subscribers only. Please log in or become a subscriber.