Monarchy without the gossip

It’s always worth being reminded of how illegitimate the whole situation is. Bush 2 lost the popular vote, Trump lost the popular vote, McConnell blocked Merrick Garland because he could and then rushed in Amy Coney Barrett because he could. A minority rules over us.

The confirmation of Amy Coney Barrett did more than install a supermajority of conservatives in the court. The locus of power on the court shifted from the more mainstream conservatism of Justice Roberts to the more ideological and rigid extremes of Clarence Thomas and Samuel Alito.

As the Texas ruling underscored, this is a court far more conservative than the nation whose constitutional meanings it is meant to protect. And it is a court that owes its composition to the triumph of anti-democratic processes, in which a majority of its members were nominated by a president who lost the popular vote and/or were confirmed by a bloc of senators elected by a minority of voters.

And there’s nothing we can do about it.

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