How not to fix the Supreme Court

How not to fix the Supreme Court

Chief Justice John Roberts listens as President Trump delivers his first State of the Union on Jan. 30, 2018. In the Arguable e-mail newsletter, columnist Jeff Jacoby offers his take on everything from politics to pet peeves to the passions of the day. Sign up here . As soon as Justice Anthony Kennedy announced his retirement from the Supreme Court, the predictable teeth-gnashing began. Abortion! Conservative majority! But Merrick Garland! Stare decisis! With President Trump scheduled today to nominate Kennedy’s successor, the frenzy is about to ramp up into overdrive. Before this is over, you will be bombarded with more frantic warnings than you can count about the dystopia that looms if Trump’s nominee is confirmed. Jeffrey Toobin didn’t even wait for Trump to make a choice before enumerating, in the current New Yorker, all the terrible things it will mean “if such a nominee is confirmed” and the court’s “brazen conservative majority” gets to work. It will overrule Roe v. Wade, allowing states to ban abortions and to criminally prosecute any physicians and nurses who perform them. It will allow shopkeepers, restaurateurs, and hotel owners to refuse service to gay customers on religious grounds. It will guarantee that fewer African-American and Latino students attend elite universities. It will approve laws designed to hinder voting rights. It will sanction execution by grotesque means. It will invoke the Second Amendment to prohibit states from engaging in gun control, including the regulation of machine guns and bump stocks. Toobin was in […]

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