The Supreme Court begins its new term on Monday and the welcome is not universal. “Supreme Court Term Begins Amid Doubts About Its Legitimacy,” reads a headline on a story in the Washington Post. We could cite a dozen similar shots.
These articles offer no explanation for this discontent, other than that the authors and the people they quote do not like the opinions issued by the Court last term. We know how they feel. For decades we disagreed with the Court’s rulings when progressives ruled, but we never called the Court illegitimate. But now that the left has lost the Court as a backing legislature for its political goals, the institution is supposedly broken. Tell us again, who is the threat to democratic institutions?