Tuesday, January 6, 2015

The court is guilty

In article for the Washington Spectator Erwin Chemerinsky explains why he is disappointed in the Supreme Court. They're the only defense we have against the tyranny of the majority. And too many times through history they sided with the majority. The Supremes enforced slavery, supported Jim Crow, and in the last few years they've overturned efforts to desegregate schools and gutted the Voting Rights Act. The Supremes approved when criticism of WW1 draft resulted in imprisonment, and when Japanese were interred during WWII. The Supremes sides with corporations when the issue was and is worker safety and consumer protection.

Chemerinsky says, yes, we need the courts. Too often for those wronged it is the courts or nothing. But he offers a few recommendations: merit selection of justices, a more meaningful confirmation process, term limits, ethics rules, and broadcast of its proceedings. Alas, many of the powerful like the current bias.

If you are interested, Chemerinsky has written a whole book on his case against the Supremes.

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