Democrats have won the national vote in six of the last seven presidential elections, which, with the retirement of Anthony Kennedy, will have resulted in the appointment of eight of the Supreme Court’s nine justices. And yet four of those justices will have been appointed by presidents who took office despite having fewer votes than their opponent. Republicans will have increasingly solid control of the court’s majority, with the chance to replace the sometimes-wavering Kennedy with a never-wavering conservative movement stalwart.
Over the last generation, the Republican Party has moved rapidly rightward, while the center of public opinion has not. It is almost impossible to find a substantive basis in public opinion for Republican government. On health care, taxes, immigration, guns, the GOP has left America behind in its race to the far right. But the Supreme Court underscores its ability to counteract the undertow of its deepening, unpopular extremism by marshaling countermajoritiarian power.
This is the way that the neocon (Hillary Clinton wing) Democrat Jonathan Chait, writing at the Democratic Party propaganda-organ New York magazine, got something correct, for a change. That quotation opened Chait’s June 27th commentary, which was ominously titled “The Republican Court and the Era of Minority Rule”. However, the prospects for democracy in America are actually even worse than that. This problem is bipartisan, and Chait himself has been part of it. Neoconservatives (otherwise called “America’s imperialists” but they’re basically no different from imperialists in other countries) run both of America’s political Parties — not only the Republican Party — regardless of what voters might happen to think of the neoconservative philosophy.
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