The Washington Post ran a panic-mongering op-ed about the Supreme Court last week.
Last month, the new conservative majority—being driven by Justices Neil M Gorsuch and Brett M Kavanaugh—signaled that this change is coming. In overruling a 40-year-old precedent governing how state governments can be sued, the new court majority, all of whom pledged reverence for precedent during their Senate confirmation hearings—sang a different song: “stare decisis is ‘not an inexorable command,’ … and is ‘at its weakest’ when interpreting the Constitution.” This was the second time in less than a year that the conservative majority has tossed aside decades-old precedent.
Thus screamed the WaPo in its terror. Never mind that reverence for precedent is not blind adherence to it, no matter how wrong the precedent. The Brown example the paper so piously cited elsewhere in its op-ed was itself an overturning of an 80-year-old precedent, that of Plessy. Never mind, more importantly, that as Justice Clarence Thomas has said on many occasions, the primary precedent in all of American jurisprudence is the text of our Constitution.
And this “fear:”
….race-conscious programs in employment and admissions that are now pervasive could be forbidden.
The op-ed’s author wrote that with no trace of irony.
“Race-conscious” programs are by definition racist; that they’re pervasive just means that the evil is far too ubiquitous. They should be forbidden, and the sooner and louder the better.
The past decade has seen a conservative court slow further social progress….
That’s entirely appropriate, it’s regrettable that this was even necessary, and it’s further regrettable that court-imposed “social progress” was only slowed and not halted altogether. Social progress—whatever that is—is a political matter, to be furthered or opposed only by the political arms of our government. Courts have no legitimate role in political matters; this is made clear in that primary precedent’s Article I, Section 1.
The paper headlined its op-ed thusly:
We need to prepare for a complete reversal of the role the Supreme Court plays in our lives
I certainly hope the Court reverses course; I certainly hope the Court goes back to applying the Constitution and the laws as they’re written, instead of in accordance with the “philosophies” of the likes of Thurgood Marshall—”I make my ruling and expect the law to catch up”—and Ruth Bader Ginsburg of living Constitution, amend it from the bench according to a judge’s personal view of society, ideology. I certainly hope the Court reverses its role in our political lives and absents itself from it.
It’s illustrative of how dangerously far left the Left has gone when simple adherence to the Constitution is radical-right.