January 10, 2018

How to Keep the Supreme Court From Partisanship

I share the same concern as Ilya Shapiro in his op-ed “Another Escalation in the Judicial War” (Dec. 18) that “Americans will follow the politicians’ lead and think of judges in increasingly partisan terms,” and I agree that it’s “not healthy for an independent judiciary.” One obvious solution is for the Supreme Court to render fewer 5-4 partisan decisions that so obviously confer electoral and financial benefit on the GOP and its corporate benefactors, and so often violate judicial norms to deliver the goods. Note to emperor: Wear clothes.

By: Sheldon Whitehouse