‘Once again, the court will be a conservative bulwark against democratic forces’
Howard Gillman is chancellor of the University of California, Irvine, and the co-author of The Religion Clauses: The Case for Separating Church and State
For most of the nation’s history, the Supreme Court was a protector of the rights and interests of America’s elites against larger democratic forces. Its focus was the protection of property rights, corporate rights, slave owner rights and limits on the ability of legislatures to regulate. It struck down income taxes, child labor laws, minimum wage laws and civil rights legislation. It did very little to protect the rights and interests of those struggling for greater equality and opportunity. It prevented democratic majorities from advancing progressive agendas. It tried mightily to prevent the New Deal. In short, it was a conservative bulwark.
This legacy started to change in the 1950s and 1960s as a result of a bipartisan agreement among presidents and senators that courts should be more supportive of civil rights, civil liberties, the circumstances of “discrete and insular minorities,” and the ability of government to address contemporary social challenges. Many of us who grew up during this period took for granted that the Supreme Court would be a force for protecting the vulnerable rather than the powerful. But no longer.
With the appointment of Amy Coney Barrett — an undoubtedly qualified jurist with rock-solid conservative credentials — the court will revert to the role it performed for most of our history, with an ironclad majority of conservative justices who have dedicated their careers to taking back the courts. As a result, Congress’ authority to address national challenges, including access to health care and the promotion of civil rights, will be diminished, regulatory agencies will work less in the interests of average people, voting rights will receive less protection, state and local governments will be allowed to align themselves more with majority religious sects, the interests of powerful religious groups will be privileged over hard-won protections for the LGBTQ-plus community, and women’s reproductive rights will be at the mercy of state legislatures. Joining her in the new majority are other justices who were appointed by Republican presidents who did not win a majority of the popular vote, at a time when Democratic president candidates have won a majority or plurality of the popular vote in seven of the past eight elections. In short, once again, the court will be a conservative bulwark against democratic forces.
– https://www.politico.com/news/magazine/2020/09/26/amy-barrett-scotus-legal-experts-422028
