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Reason
Reason
Jonathan H. Adler

What Do Progressives Want for the Courts?

Ramesh Ponnuru writing in the Washington Post:

the mood of bitter hostility toward the Supreme Court has been a general feature of Democratic politics for much of the past decade — and especially since its 2022 decision to allow states to prohibit abortion. That critique of the court is heartfelt for many progressives. But it has a flaw that is becoming more and more apparent in Trump's second term: The Democrats can't decide whether they want the institution to be stronger or weaker. . . .

Whatever merit progressive proposals to contract the power and prestige of the Supreme Court might have, they are not a plausible means of restoring it to its former role as the champion of liberal principles. A court with reduced jurisdiction, whose members fear removal by the political branches and whose decisions command little respect from the broader political culture: That's not an institution that can perform what Jackson recently called "the singular function of ensuring compliance with the Constitution" and "protecting people's rights."

A high regard for the court is particularly important now that progressives have (rightly) made it a priority to make Trump follow court orders. They can argue that the court is illegitimate or that Trump has a high duty to obey it. They seem unlikely to persuade the public that Trump has a solemn obligation to comply with an illegitimate court.

The post What Do Progressives Want for the Courts? appeared first on Reason.com.

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