Wednesday, September 23, 2020

The Hullabaloo Over SCOTUS

 Back in the 1960's the right was all "Impeach Earl Warren".  Part of the outrage as I remember it was over decisions on crime, part was one person, one vote, and a good part was forbidding the "Lord's Prayer" in schools. There were divisions on the Court, but they tended to be cross-cutting: Justice Black was strict constructionist on First Amendment rights, William Douglas was the epitome of the "living constitution", neither of which fit neatly into the divisions between Democrats and Republicans.

President Nixon started the process of replacing Warren (following a filibuster of Johnson's nominee for Chief of Abe Fortas) and converting SCOTUS to a Republican dominated branch of government.  Since then, in the 52 years, Republican presidents have named 14 justices, Democrats 4.  If things had worked fairly according to the amount of time each party had the presidency, the Dems would have had 7, and the Reps 11. 

Regardless, while there have been ups and downs and decisions I dislike, the country has survived.  We've made significant advances in social areas, and Roe v Wade has survived. 

I predict however the current episode works out, someone looking back 25 years from now will not see a major turning point in legal history with the filling of the current vacancy.  In the long run, the court follows the election returns and the direction of the country. 

No comments: