Ketanji Brown Jackson is likely the last Supreme Court justice Democrats will nominate for years, maybe even a decade or more. jonathanchait writes on how the Court is getting more partisan and much harder to change
On the surface, Ketanji Brown Jackson’s confirmation to the Supreme Court appeared to portend a hopeful future for liberals. She was the bright, youthful face of a more enlightened judiciary.
Jackson’s confirmation was a brief, joyful respite. The future is a semi-permanent Republican judicial majority in which, contrary to the visual impression, Thomas’s worldview is much closer to the mainstream and Jackson’s is a relic of a rapidly fading past. The scandal, in other words, is that we have to rely on the unprovable good faith of the Court’s justices. There barely exists any method to wall them off from partisan politics. A couple months ago, Neil Gorsuch appeared at a Federalist Society conference alongside Republicans such as Mike Pence, Ron DeSantis, and Kayleigh McEnany.
What surely enhances their confidence is the understanding that even if a public backlash were to develop — and a backlash of any important magnitude is currently nowhere to be seen — it would have little practical recourse. The Republican majority has two seats to spare and no prospect for reversal for a long time to come.
It was perfectly obvious at the time that McConnell had simply concocted an arbitrary time frame, but conservatives put up a great show in pretending the distinction between election-year nominees and justices nominated other times had real meaning. But McConnell is now dispensing with the pretext and openly refusing to commit to holding hearings for a Democratic Court nominee at all, election year or no. As far as I can tell, the number of conservatives who disagree with him is zero.
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