Search Results for Ruth Bader Ginsburg

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Does the Supreme Court Need Fixing? If So, Why and How?

Does the Supreme Court Need Fixing? If So, Why and How?An op-ed forum in today’s New York Times includes some interesting ideas for “How to Fix the Supreme Court.” But evaluating them requires clarifying exactly what, if anything, is broken about the Supreme Court. The eight authors describe several problems, ranging from undeniable (e.g., an increasingly partisan and rancorous process for selecting justices) to misconceived (e.g., a Court that is insufficiently deferential to progressive policy preferences). New York Times Magazine staff writer Emily Bazelon’s introduction falls into the latter category. Bazelon says the Court “can, and often should, be the protector of minorities whom the majority may trample (including religious groups, a current concern of conservatives).” She cites Brown v. Board of Education, the 1954 decision that overturned racial segregation in public schools, as a good example that has been “embraced by every recent nominee to the court, across the ideological spectrum.”…


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Cory Booker on Why the Democrats Haven’t Stopped Barrett

Cory Booker on Why the Democrats Haven’t Stopped BarrettThe night after Justice Ruth Bader Ginsburg died, Democrats gathered on the steps of the Supreme Court, repeating the rallying call “No confirmation until inauguration!” That had zero effect on Senate Republicans, who pledged their support for Donald Trump’s choice even before the president announced it would be Amy Coney Barrett.New Jersey Senator Cory Booker is among those struggling with what to do. As a senator very much connected to the younger, more activist wing of the Democratic Party, he wanted to push back. As a member of the Judiciary Committee and an institutionalist, his instinct was to take part in the confirmation hearings rather than staging a stunt protest.I spoke with Booker on Thursday afternoon, hours after he participated in a boycott of the committee hearing advancing Barrett’s nomination to the Senate floor. He talked about the Democrats’ failure to stop…


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The Inevitability of Amy Coney Barrett

The Inevitability of Amy Coney BarrettSenate Republicans were always going to confirm Amy Coney Barrett to a lifetime appointment on the Supreme Court. Conservative voters wanted it, and the party united around the concept. Republicans “believe voting on this justice is a constitutional duty. The nomination happened. There was time to get it done. So they got it done,” Steven Duffield, a Republican former senior Senate aide, told me. Even the highest-ranking Republican leaders aren’t shy about admitting that this may be the party’s last gasp before losing political power for a while. “A lot of what we’ve done over the last four years will be undone sooner or later by the next election,” Republican Senate Majority Leader Mitch McConnell said during a speech yesterday. The Democrats “won’t be able to do much about this for a long time to come.”As it has become harder for the two parties to…


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