The Supreme Court is a supreme threat to American democracy. That was Abraham Lincoln’s view in light of the Dred Scott decision, expressed in his First Inaugural Address. And it was vividly illustrated after Lincoln's assassination, when the Civil War amendments and civil rights legislation passed by Congress were effectively nullified by the Supreme Court, enabling former Confederates and other white supremacists to destroy the possibility of multiracial democracy for almost a century. “Our democracy suffers when an unelected group of lawyers take away our ability to govern ourselves,” as Harvard Law professor Nikolas Bowie wrote in 2021, based on his testimony before the do-nothing Presidential Commission on the Supreme Court of the United States.
Since then, the Court’s decision in Dobbs v. Jackson Women's Health, which overturned the precedent of Roe v. Wade, has brought Bowie’s point home with a vengeance. But it’s not just about abortion. On guns, environmental protection, discrimination, labor rights, affirmative action, student debt relief and numerous other issues, Mitch McConnell's court-packing scheme and Donald Trump's appointments have succeeded in dramatically undercutting Americans' people’s capacity for self-government and the promotion of “the general welfare” promised in the preamble to the U.S. Constitution.
