Try to gain some insight into the size of the court organism and how, to some extent, it remains in a state of suspension, and that even if you alter something in one place you’ll draw the ground out from under your feet and might fall—whereas if an enormous organism like the court is disrupted in any one place, it finds it easy to provide a substitute for itself somewhere else.
Franz Kafka, The Trial
The Supreme Court’s last term ended with a batch of extreme right-wing opinions. The Roberts Court has lurched sharply to the right, but the Supreme Court’s fidelity to conservative elites is nothing new. Of all the counter-majoritarian mechanisms in our constitutional system (Senate, Electoral College, etc.), none has protected the minority of the opulent as reliably as the Supreme Court has. The only way to protect our rights is through mass mobilization outside of the legal system.
Continue reading “Fighting Their Court From Below”







