I want to record for future historians…

…that the Democratic Party was on a path to totally acquiesce to Gorsuch and Kavanaugh, especially after Roberts steered to the middle (June Medical, DACA…). And in all likelihood, Barrett wasn’t enough to tip the Dems to act. Biden and Harris punted it like it was 4th and 40. But the last week of the election, Barrett made herself into a Trump campaign Il Duce balcony photo op (after a first one was a superspreader disaster), showed she would recuse from election cases, for which Trump bragged he has appointed her as (his own) 5th vote. And then Gorsuch and Kavanaugh and a bunch of lower court judges jumped the shark in utterly brazen, sloppy, and unstrategic decisions and botched the long-game and seem to have provoked many moderate, incrementalist cautious Democrats like me to embrace sweeping judicial reform.

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s