Marty Lederman – The Vicious Entrenchment Cycle: Thoughts on a Lifetime with a Republican-Controlled Court – LEDERMAN – Balkinization

 

Source: OTHERWISE: The Vicious Entrenchment Cycle: Thoughts on a Lifetime with a Republican-Controlled Court – LEDERMAN – Balkinization

I had the privilege of working with Arthur Kinoy and Morton Stavis while at Rutgers Law School.  In the ’60’s and ’70’s they were the architects of a remarkable string of victories in the U.S. Supreme Court.  They worked on the assumption that every member of the Court could be reached, so confident were they of their arguments’ foundations and the good faith of the members of the court.  Today I try to take the same stance as a teacher.  But it’s getting harder to sustain. – gwc

Balkinization: The Vicious Entrenchment Cycle: Thoughts on a Lifetime with a Republican-Controlled Court

By Marty Lederman (Georgetown Law) (first published October 16, 2018)

On May 15, 1969, Justice Fortas resigned from the Supreme Court, thereby ending a seven-year period in which a 5-4 majority of the sitting Justices had been appointed by Democratic Presidents.  I had just turned eight years old.  I’m now almost 58.  And yet that day in May 1969 remains the last moment in time that a majority of the Court was appointed by Democrats.  That’s right:  By the time the Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control.

The appointment of Merrick Garland should have brought an end to that extraordinary streak.  Retaining control of the Court, however, has become an article of Republican faith–hardly surprising when it’s become a bulwark of theirs, a virtual background assumption, for fully half a century.  And now, thanks to Mitch McConnell’s deviousness, tactical brilliance and tenacity, it appears entirely possible that it might be another 50 years (or perhaps even longer) until we see another Democratic majority.  A full century of Republican control is not hard to imagine.  (And how’s this for a (related) factoid?:  In only seven of the past 108 years (1946-1953) has the Chief Justice of the United States been a Democrat who did not fight on behalf of the Confederacy.)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s