Home / General / Remember May 3, 2022: the first time the Supreme Court of the United States was involved in politics

Remember May 3, 2022: the first time the Supreme Court of the United States was involved in politics


Fortunately, “fake-pious reactionary troll” is a position in which you can afford to be made to look ridiculous, by yourself:

A draft opinion being leaked is an absolutely unprecedented breach of ethics and the first time the Court has ever had any relationship to politics. I feel a sad, wistful nostalgia for the Innocent Age of the nonpolitical Supreme Court. Like the time congressional leaders urged the Supreme Court to rule that Congress could not ban slavery in the territories, and a partisan Supreme Court went far beyond what was necessary to decide the case at hand to rule exactly that while also holding that no African-American was part of the political community formed by the Constitution and Declaration of Independence. And then the opinion was leaked to the president, who extensively praised the Court’s decision although it hadn’t been released yet. And then Taney announced the opinion, but was so brutally owned by the dissents that he substantially revised the opinion before it was published in the official reports. We were so innocent then.

Or how about the very first case in which the Supreme Court struck down an act of Congress, which involved the Chief Justice writing an opinion whose legal holding he almost certainly did not believe was correct, so that he could embarrass the Jefferson administration without issuing an order he knew it would ignore. Oh, and the Chief Justice did not recuse himself from the case although he was the very Secretary of State who had failed to deliver Marbury his commission!

Thinking this very minor sideshow to a coming partisan decision that really will have a shattering effect in the Court’s reputation is when the Court lost its innocence and showed that it was political is like the boomers who think that America lost its innocence when people find out the quiz shows were rigged.

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