Opinion / Christopher Cermak
Court in the middle
Whether you’re a leftist or a conservative, there is a US Supreme Court ruling for you to cheer – or despise – among this term’s decisions, many of which are released this week. On the one hand, the nation’s top court rejected the Republican idea that state legislatures should have complete control over the running of elections without any oversight. The judges also refused a conservative challenge to the Biden administration’s prioritisation of immigrants who are deemed to pose the greatest risk to public safety or were picked up at the border for deportation. On the other hand, the left fears rulings that might limit university initiatives to admit more minority students and prevent Joe Biden from cancelling some student debt. Many also remain irked by Saturday’s one-year anniversary of the decision to end a federal right to an abortion.
What is striking about these rulings is that they should never have reached the Supreme Court at all. There isn’t another major court in the world with such an ability to dictate its country’s political direction under the guise of interpreting the Constitution. But that influence also comes from a total failure to legislate. Biden’s deportation policies are challenged because Congress has failed to pass comprehensive immigration reform for more than three decades; electoral powers are taken to court because lawmakers can’t agree on electoral reforms. It is even the case on abortion: the decision to reverse precedent was controversial but the US was always an outlier (along with Canada) in legalising abortion through courts rather than via popular referendum or federal legislation.
Yes, justices on both ends of the spectrum have “legislated by the bench”, either through an overly liberal or an overly strict interpretation of the Constitution. But many decisions could be negated by acts of Congress if lawmakers could actually do their jobs and pass laws. Think about that the next time the Supreme Court, manipulated as it has been for political ends, makes a decision that you hate. Perhaps the target of your ever-growing ire is misplaced.
Christopher Cermak is Monocle’s Washington correspondent. For more opinion, analysis and insight, subscribe to Monocle today.