Does the Supreme Court Have It In for the Democratic Party?

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

As long as we’re obsessing about the Supreme Court this morning, I might as well make another point that’s been on my mind lately: If the Supreme Court overturns Obamacare, it would be their third major anti-Democratic decision in the past dozen years. That’s capital-D Democratic. As in the political party.

When it comes to judicial activism, conservatives claim that we liberals have nothing to complain about. The Warren Court was famously activist in a liberal direction, after all, and we lefties thought that was just fine. But there’s a real difference here. The famous Warren Court decisions — ending school segregation, expanding the right to counsel, enforcing one-man-one vote, banning organized school prayer — were obviously decisions that conservatives didn’t like. But there was nothing in them that was especially damaging to the interests of the Republican Party.

But things are different this time around. In 2000, Bush v. Gore sent the Democratic Party’s candidate for president packing and installed George W. Bush in the Oval Office. In 2010, Citizens United opened the floodgates of corporate campaign money, a ruling that very plainly disfavored the Democratic Party on a purely operational basis. And if Obamacare is overturned, it will be a decision that kills off the Democratic Party’s biggest legislative achievement in decades.

The current Supreme Court is obviously more conservative than we liberals would like, but that’s what happens when the other guys win elections. To some extent, them’s the breaks. But to hand down decision after decision that very plainly opposes the agenda of one party over another is quite another. If there’s an argument to be made that the court is endangering its legitimacy, this is it. It’s not just that overturning Obamacare would be a prodigious repudiation of major legislation based on a very small and questionable point of constitutional law, it’s that it would hammer home the point that this court just doesn’t like the Democratic Party much. That’s not something that either Democrats or Republicans really ought to be comfortable with.

LET’S TALK ABOUT OPTIMISM FOR A CHANGE

Democracy and journalism are in crisis mode—and have been for a while. So how about doing something different?

Mother Jones did. We just merged with the Center for Investigative Reporting, bringing the radio show Reveal, the documentary film team CIR Studios, and Mother Jones together as one bigger, bolder investigative journalism nonprofit.

And this is the first time we’re asking you to support the new organization we’re building. In “Less Dreading, More Doing,” we lay it all out for you: why we merged, how we’re stronger together, why we’re optimistic about the work ahead, and why we need to raise the First $500,000 in online donations by June 22.

It won’t be easy. There are many exciting new things to share with you, but spoiler: Wiggle room in our budget is not among them. We can’t afford missing these goals. We need this to be a big one. Falling flat would be utterly devastating right now.

A First $500,000 donation of $500, $50, or $5 would mean the world to us—a signal that you believe in the power of independent investigative reporting like we do. And whether you can pitch in or not, we have a free Strengthen Journalism sticker for you so you can help us spread the word and make the most of this huge moment.

payment methods

LET’S TALK ABOUT OPTIMISM FOR A CHANGE

Democracy and journalism are in crisis mode—and have been for a while. So how about doing something different?

Mother Jones did. We just merged with the Center for Investigative Reporting, bringing the radio show Reveal, the documentary film team CIR Studios, and Mother Jones together as one bigger, bolder investigative journalism nonprofit.

And this is the first time we’re asking you to support the new organization we’re building. In “Less Dreading, More Doing,” we lay it all out for you: why we merged, how we’re stronger together, why we’re optimistic about the work ahead, and why we need to raise the First $500,000 in online donations by June 22.

It won’t be easy. There are many exciting new things to share with you, but spoiler: Wiggle room in our budget is not among them. We can’t afford missing these goals. We need this to be a big one. Falling flat would be utterly devastating right now.

A First $500,000 donation of $500, $50, or $5 would mean the world to us—a signal that you believe in the power of independent investigative reporting like we do. And whether you can pitch in or not, we have a free Strengthen Journalism sticker for you so you can help us spread the word and make the most of this huge moment.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate