That the Supreme Court is ethically compromised has become almost comically obvious. Recent sweeping decisions, from the overturning of Roe v. Wade to the dismantling of affirmative action, to the extension of innocent Americans’ prison sentences, have been handed down in the midst of myriad scandals involving justices and their wealthy, purportedly uncorrupt friends. The high court, now dominated by conservatives, is not just independent but dangerously rogue. For Issue...
The Supreme Court is a tool for holding government within the law. The problem is it doesn’t work especially well anymore. Like spats, the horse-drawn carriage, and the Blackberry, the Court has an obsolescence problem. Consider the Court’s painfully evident incapacity to address new technologies of state power that don’t conform to traditional templates. Once, the right to vote was defeated by literacy tests, grandfather clauses, and poll taxes. Today,...