Monday, 31 October 2022

The Supreme Court Crisis

November / December 2022 Issue
As our legal affairs editor, Garrett Epps, writes in this issue’s cover story, the Supreme Court has undergone an utter transformation since 2016, from a tenuously balanced panel that at least strove toward the appearance of nonpartisanship to an institution as politically brazen as the Republican National Committee.
 
Epps tracks how Donald Trump, enabled by the machinations of Mitch McConnell and the Federalist Society, bullied, cajoled, threatened, and enticed his way to control of the Court. Key moments sped the dissolution of judicial independence as we once knew it: the blockade of Merrick Garland, Brett Kavanaugh’s rageful Senate testimony, Trump’s repeated attacks on federal judges who ruled against him, and Amy Coney Barrett’s rushed confirmation, as well as the new justices’ political pilgrimages to Kentucky and their public disdain for criticism.

Twice before in history, the Supreme Court has allowed itself to become an arm of one political party, with catastrophic results. In the 1850s, the Taney Court sided with pro-slavery forces and issued the infamous Dred Scott decision, accelerating the tensions that led to the Civil War. In the 1930s, the Hughes Court blocked desperately needed economic relief as the Great Depression ravaged America. Today, a conservative supermajority takes away long-established rights like abortion, decides cases by the unaccountable shadow docket, and makes overtly partisan statements while sneering at public outcry. We are now in the Court’s third great constitutional crisis.

Enjoy the issue!

Washington Monthly Editors
Paul Glastris
COVER STORY

Twice before in history, the Supreme Court has allowed itself to become an arm of one political party, with catastrophic results. Only the voters can save us from the same fate today.
By Garrett Epps
FEATURES

I’m a proud daughter of Arlington, Virginia. But its land use policies are keeping homeownership out of reach for natives like me.
By Gabby Birenbaum

High prices at corporate-owned EV charging stations could cripple the spread of climate-friendly transportation. We need to help the mom-and-pops compete.
By Merrill Goozner

A closer look at the Harvard admissions case now before the Supreme Court shows that it’s whites who benefit most from discrimination against Asians.
By Reginald C. Oh

Democrats make progress on climate change when they set business lobbies against each other.
By Bill Scher

Now, Republicans want to force voters to sign up for a mail-in ballot each election in Ohio, Michigan, Arizona, and across the country. They could pay a price for once again stepping on rights.
By Prem Thakker
ED NOTE

By Paul Glastris
TEN MILES SQUARE

D.C.’s restaurant industry has defeated efforts to raise the minimum wage for restaurant workers before. This year, advocates believe they have a winning campaign.
By Will Norris
BOOKS

Conspiracy theorists and far-right fanatics have long been present in the GOP. Now, they’re running it.
By Jacob Heilbrunn

Privacy law has traditionally helped powerful men at the expense of vulnerable women. Can it be recast?
By Rhoda Feng

Thanks to bipartisan efforts, the number of incarcerated Americans has shrunk dramatically. The next step for reform is to treat inmates more humanely.
By Harold Pollack

Hospitals were never meant to be operated like businesses. To improve our health care system, hospital concentration must be regulated.
By Shannon Brownlee

Since ancient times, corporations have tended to devour the societies that created them. But history shows they can also be tamed.
By Rob Wolfe
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