October 13, 2018

IT'S NOT ACTIVISM WHEN WE DO IT!:

Everyone Wants the Supreme Court to Thwart Democratic Majorities: The Constitution protects the rights of minorities--and despite their rhetoric, both Republicans and Democrats support that. (Conor Friedersdorf, 10/08/18, The Atlantic)

But consider what each account elides. For starters, nearly all progressive Democrats favor Supreme Court rulings that stop democratic majorities from passing popularly supported laws restricting abortion, birth control, sodomy, and same-sex marriage. Insofar as they fear Kavanaugh's influence on any of those matters, their worry is precisely that he may return them to the people. He obviously won't rule that the Constitution forbids any of them.

He might rule that the Constitution forbids the use of race in college admissions. If he does, he'll be staking out a view subscribed to by a majority. "Americans continue to believe colleges should admit applicants based solely on merit (70%), rather than taking into account applicants' race and ethnicity in order to promote diversity (26%)," Gallup noted in 2016, adding that "these findings suggest Americans would disagree with the Supreme Court's recent decision in Fisher v. University of Texas, in which the court essentially ruled that colleges can continue to consider race as a factor in their admissions decisions."

Most conservatives Republicans, meanwhile, favor jurisprudence that would forbid majorities from restricting gun ownership, limiting campaign donations, or using race as a factor in university admissions.

Americans are fortunate that neither major party favors pure democracy and both seek to limit the coercive power of popular majorities.



Posted by at October 13, 2018 4:48 AM

  

« IT'LL NEVER FLY ORVILLE...: | Main | IT WAS A VITAL FIGHT FOR dEMOCRATS TO LOSE: »