There are ways that Congress, even now, can push back on the court with legislation.
It’s sort of a hangover from this brief period where, for just a few years, the Supreme Court was ahead of the country as opposed to a force for stopping positive change. Far more frequently, it either didn’t do much, or was an aggressively reactionary force throughout the country’s history. And, it’s a really fascinating, maybe generational fact that until a few years ago, public opinion polls showed that Democrats had more faith in the Supreme Court than Republicans.
We know also that the Warren court, in a lot of ways, was the anomaly and it reshaped the moment we’re in. The Supreme Court finally did something so noble, so morally necessary in, breaking the log jam and making clear what was wrong about segregation. It was a really important moment, but it was very brief. And it’s also the case that when you look at things like civil rights, it wasn’t just a court, it was really what was done by protestors in the streets or by Congress passing laws.
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