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Paul Rosenberg
@paulrosenberg.bsky.social
Words. More to come.
1.2k followers594 following9.9k posts
PRpaulrosenberg.bsky.social

The case for disempowering SCOTUS in light of that history is placed in a crisp analytical framework in the paper by @ryandoerfler.bsky.social@samuelmoyn.bsky.social@ryandoerfler.bsky.social clarified key points. On one view an admirable institution has lost its way: 15/28

One way to see the problem, he began, is that the Supreme Court is suffering a serious legitimacy crisis: On this telling, the morally and legally outrageous decisions of this set of conservative justices, coupled with the egregious ethical lapses of some of them, have caused the American public mistrust an essential and generally admirable institution. So understood, the solution to the problem posed by this court is to restore it to its former position as a trusted nonpartisan institution outside the realm of ordinary politics. This is the view favored by establishment voices in politics, the media and academia, who often describe themselves as “institutionalists” and are reluctant to disturb existing institutions to start with. If they are ultimately convinced that something must be done, it should be aimed at getting those institutions to work properly again, rather than addressing the underlying causes that might call for more significant changes.
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PRpaulrosenberg.bsky.social

But from another perspective, it's "an especially egregious example of a generally illegitimate institution" that's usurped the authority of democratically elected officials: 16/28

There’s “another way to look at the current court,” Doerfler continued, “as an especially egregious example of a generally illegitimate institution, one that has over decades if not centuries usurped the decision-making authority of democratically elected officials”: From reproductive freedom to labor rights to the environment, the Supreme Court has claimed for itself ultimate authority over national policy, a claim inconsistent with even the thinnest notions of democracy. The solution is not to return to an imagined golden age during which the Court made its decisions in a ‘non-partisan’ manner, but rather to reclaim that authority for the people.
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Paul Rosenberg
@paulrosenberg.bsky.social
Words. More to come.
1.2k followers594 following9.9k posts
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