Image by Ivy Sanders Schneider

We Can No Longer Afford Illusions | The Supreme Court and the Left

Alexandra Brodsky, Andy Liu, Aziz Huq, Aziz Rana, Ben Sobel, Diana Reddy, Duncan Hosie, Eleni Schirmer, Henry Hicks IV, Nick Martin, Noah Rosenblum, Rhiannon Hamam, Samuel Moyn, Steven Donziger

That the Supreme Court is ethically compromised has become almost comically obvious. Recent sweeping decisions, from the overturning of Roe v. Wade to the dismantling of affirmative action, to the extension of innocent Americans’ prison sentences, have been handed down in the midst of myriad scandals involving justices and their wealthy, purportedly uncorrupt friends. The high court, now dominated by conservatives, is not just independent but dangerously rogue.  

For Issue Eleven, we asked scholars, lawyers, and advocates to reflect on the consequences of the supermajority’s latest rulings and the specter of important cases currently on the docket, exploring what’s at stake in some of the most fraught areas of the law, including climate change, federal Indian law, and student loans. We were curious about the downstream effects of the conservative consolidation. Has the left simply been asleep at the wheel, or do systemic obstacles prevent a robust answer to the Federalist Society? Can we expect to reform the judiciary, or should we direct our efforts elsewhere, beyond courtroom walls? In short: what should we be thinking and doing if we want to help the millions of people whose lives are impacted by the Court’s rulings?

Noah Rosenblum | An Old Story

Steven Donziger | A Judicial Coup

Nick Martin | The Ultimate Originalist Stamp of Approval

Diana Reddy | Hands Tied Behind Our Backs

Alexandra Brodsky | The Temptation to Speculate

Ben Sobel | A Protean Test

Aziz Huq | An Obsolescence Problem

Samuel Moyn | Liberal Ranting

Andy Liu | A Racist Cause-and-Effect Story

Duncan Hosie | A Judicial Rorschach Test

Eleni Schirmer | A Collective of Freelance Lawyers

Henry Hicks IV | A Tradition of Radical Imagining

Rhiannon Hamam | Depravity Be Damned

Aziz Rana | A National Seminar