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The Supreme Court’s Crisis of Legitimacy

The United States of America today is a fundamentally different country than the United States of America three weeks ago.

In this new U.S., the federal government can’t regulate carbon emissions from coal-fired power plants under the Clean Air Act because the law, which first passed in 1963, doesn’t specifically give the government that power. In addition, local government cannot stop a school official from leading students in prayer. But it can control what happens inside a uterus. But it can’t prevent you from carrying a gun in public. But it can assert legal jurisdiction over Native American reservations.

The common thread is the Supreme Court is the most radically… I don’t even want to say “Conservative,” because this court has been throwing out precedents the way Donald Trump flung his lunch across the White House dining room. So … interventionist? Revanchist? Insurrectionist?

There’s a great line (one of many) in Mel Brooks’ 1974 classic Young Frankenstein. In the scene, the monster has broken loose, the villagers are massing in the town square, and

— source yesmagazine.org | Chris Winters | Jul 5, 2022

Nullius in verba


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