The Court’s Disdain

In a must-read piece, Jason Chafetz brings the heat (boldface mine):

In all of these areas and in plenty more, the justices have seized for themselves an active role in governance. But perhaps even more consequentially, in doing so, they have repeatedly described other political institutions in overwhelmingly derogatory terms while either describing the judiciary in flattering terms or not describing it at all — denying its status as an institution and positioning it as simply a conduit of disembodied law. This is the ideological foundation for the Roberts-era judicial power grab.

It is also worth noting that this ideological project is bipartisan. Republican-appointed justices dominate the court and have for many decades, but their Democratic-appointed colleagues — while dissenting in many individual opinions — evince no desire to contest the underlying disdain for other institutions or elevation of their own. When Mr. Roberts recently refused to testify before the Senate Judiciary Committee, nothing stopped Justices Sonia Sotomayor, Elena Kagan or Ketanji Brown Jackson from volunteering to testify, but they did not. Nothing is stopping them from publicly calling for a binding ethics code or from questioning not just the correctness but also the legitimacy of their institution’s assertiveness, but they have not.

At least Gorsuch, Roberts, and Thomas have serious ‘appearances of impropriety’, to use an old-timey phrase. They are not more noble than the other branches of government (which, arguably, is damning with faint praise). Time to stop treating them as wise men, and to start treating them like the political actors they are.

As the kids used to say, read the whole thing.

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1 Response to The Court’s Disdain

  1. Dean Austin (Austinfidel) says:

    Josh Chafetz

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