Monday, October 5, 2015
ConLawProf Rick Hasen (UC Irvine, Election Law Blog) wrote in a wide-ranging piece last week at TPM that the composition of the Supreme Court itself is "the most important civil rights cause of our time."
And according to Hasen, it's one that progressives don't pay enough attention to.
Consider what's at stake in the next presidency:
Justice Ruth Bader Ginsburg will be nearly 84, Justices Antonin Scalia and Anthony Kennedy will be over 80, and Justice Stephen Breyer will be 78. Although many Justices have served on the Court into their 80s and beyond, the chances for all these Justices remaining through the next 4 or 8 years of the 45th President are slim. Indeed, the next president will likely make multiple appointments to the Court.
And it matters:
Had a President Kerry or President Gore appointed more liberal Justices instead of Chief Justice Roberts and Justice Alito, the Supreme Court probably would not have struck down Washington, D.C.'s gun control law in the Heller case; it would not have approved the constitutionality of the federal partial-birth abortion ban in Gonzales v. Carhart; it would not have struck down Seattle school district's affirmative action plan in Parents Involved; and it would not have struck corporate campaign finance limits in Citizens United or a key portion of the Voting Rights Act in Shelby County.