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Especially Suffer the Consequences of Criminalization

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Especially Suffer the Consequences of Criminalization

Сообщение schandnass 07 мар 2023, 09:52

In the last few weeks alone, the Court has made decisions that limit the power of the federal state to combat climate change, restrict the power of states to limit the possession of weapons, or show deference to local legislatures in electoral matters (which facilitates the "random drawing" of electoral districts in favor of the status quo and also favors actions that restrict the right to vote). This trend revived a progressive critique of the judiciary, which always saw in it an essentially conservative actor. Although that tradition lost strength in the postwar period thanks to a Supreme Court committed to a certain perspective on individual rights, since the late 1970s it has been gaining adherents.

The conservative turn of politics in general and of the courts in particular gave it a rebirth. Around the turn of the century, pioneering works like those of Larry Kramer and Mark Tushnet called for taking the Constitution out of the hands of the C Level Contact List courts. These questions have intensified in recent years . Perhaps out of growing concern, President Joe Biden appointed a panel of experts who produced a report on possible reforms to the court, which the most ardent critics found disappointing. On the other hand, a group of academics and activists proposed expanding the Court to dilute the conservative majority and align its composition with the preferences of the majority of the population.


Meanwhile, have proposed legalizing abortion through federal law. (which would present some weak flanks in constitutional terms). None of these initiatives is entirely unreasonable: in the past, when a Supreme Court was out of step with society, politics found ways to punish the court and force it to "return" to the democratic path, through measures such as , the restriction of its jurisdiction (a power of Congress) The most radical proposals, however, face numerous obstacles. On the one hand, they may not be effective: "capturing" the Court could trigger an "arms race" dynamic with the Republicans that ends up completely blurring the Supreme Court.


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