The Supreme Court kicks off its new term on Monday, and the welcome back isn’t universal. “Supreme Court term begins amid questions about its legitimacy,” says a headline over a news story in the Washington Post. We could cite a dozen similar takes.
These articles offer no explanation for this pique other than that the authors and the people they quote don’t like the opinions the Court issued last term. We know how they feel. For decades we disagreed with Court rulings when progressives held sway, but we never called the Court illegitimate. But now that the left has lost the Court as a backup legislature for its policy goals, the institution is supposedly broken. Tell us again who is the threat to democratic institutions?