The Supreme Court and the counter majoritarian difficulty
Type de matériel :
TexteLangue : français Détails de publication : 2021.
Ressources en ligne : Abrégé : The role and future of the Supreme Court were at the heart of both the 2016 and the 2020 elections. In June, several opinions were announced which apparently were big wins for the liberals in fields as varied as abortion and presidential immunity. But at closer look, they show an ideological shift to the right, hidden from sight under the guise of per curiam opinions. And although they deal with crucial subjects such as the right to vote, they are rendered in an opaque fashion. And the arrival of a sixth solid conservative Justice can only amplify the concerning trends. But the Chief Justice is aware of the risks for the long term legitimacy of the Court.
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The role and future of the Supreme Court were at the heart of both the 2016 and the 2020 elections. In June, several opinions were announced which apparently were big wins for the liberals in fields as varied as abortion and presidential immunity. But at closer look, they show an ideological shift to the right, hidden from sight under the guise of per curiam opinions. And although they deal with crucial subjects such as the right to vote, they are rendered in an opaque fashion. And the arrival of a sixth solid conservative Justice can only amplify the concerning trends. But the Chief Justice is aware of the risks for the long term legitimacy of the Court.
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