For generations, the Supreme Court mostly hewed a progressive jurisprudence. Even if there were conservative blips here and there, appointees of Democratic and Republic presidents alike ruled in ways that were conducive to the political left. Litigants routinely judge-shopped cases (Amarillo has nothing on Montgomery), certain that the Supreme Court had their backs. During those golden times, judicial supremacy was considered a necessary condition of our polity.
But those times are gone. Prominent scholars openly speak out against judicial supremacy. And that academic theme carries over to the political realm. Indeed, Senator Wyden called on President Biden to "ignore" a district court's ruling. Not even Orval Faubus was so audacious. (My article on Cooper v. Aaron is more timely than ever.)
At least with the current administration, there is no realistic chance the President will "ignore" a ruling of a federal court. Indeed, Biden couldn't even stick to the script, and criticize the Supreme Court justices at the State of the Union. But sooner or later, the academic and political stars will align, and a President will openly flout a federal court judgment. Who will send in the 101st Airborne?
