Saturday, October 3, 2020

ACB, judicial activism, and defusing SCOTUS as an issue

This would be good and helpful, if Amy Coney Barrett is not (as) prone to "judicial activism" (although that term is slippery-- and beyond that, often inconsistently applied).

Here's another angle: if "the conservatives" lead 6-3 (and will lead for a chunk of time going forward), it will depoliticize SCOTUS (to a large extent) by rendering the concern moot. It reminds me of the Dems controlling the House by large margins for 40+ years-- until Bill Clinton worked hard and Newt Gingrich worked smart to flip the House to the GOP in 1994. Since then, it's been competitive-- and thus, far more contentious.
(Is 1994 the primary catalyst for the greatly-increased nastiness in partisanship since the mid-1990s? I'm prone to think it's second to the fall of the USSR and the loss of an existential threat.)


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