The Supreme Court Is Working As Intended

From the beginning, the Supreme Court was conceived as a bulwark against excessive democracy, as indeed was the Constitution itself.

Has the Trump Supreme Court gone rogue? The evidence mounts. Certainly, its recent judicial blitzkrieg has run roughshod over a century’s worth of settled law.

Supreme Court with storm clouds gathering behind it

A woman’s right to get an abortion? Gone (at least as a constitutionally protected civil right). Meanwhile, voting rights are barely hanging on, along with the 1965 Voting Rights Act that gave them life. State legislatures, so the court ruled, may no longer rein in the wanton availability of firearms and so the bloodshed will inevitably follow. Climate catastrophe will only get closer as the Supremes have moved to disarm the Environmental Protection Agency’s efforts to reduce carbon emissions. Religion, excluded from the public arena since the nation’s founding, can now invade the classroom, thanks to the court’s latest pronouncement.

This renegade court is anything but finished doing its mischief. Affirmative action may be next on the chopping block. Gerrymandering, long an ignoble tradition in American political life, could become unconstrained if the Supremes decide to exempt such practices from state court judicial review. And who knows what they are likely to rule when every election not won by the Republican Party may be liable to a lawsuit.