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When the Spell is Broken


A lot of interesting stuff in this new Quinnipiac poll, but this is particularly interesting:

And that’s with only Kennedy’s wingnut-in-full last term providing a picture of where the Court is headed. Imagine these numbers after Roe v. Wade is overruled, say.

Some people will say this is bad, that it’s critical that the Supreme Court remain legitimate in the public’s eyes. As djw and I come back to again and again in our book, this simply doesn’t make any sense. No institution has a permanent claim on legitimacy; judicial legitimacy is desirable exactly insofar as this legitimacy is merited by the institution’s behavior. A Supreme Court that is a fully-owned subsidiary of a minority faction imposing its views on the country deserves to be evaluated as such.

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