To no one’s surprise, Amy Coney Barrett has been elevated by a 52-48 vote to be the nation’s 9th Supreme Court Justice, replacing the iconic Ruth Bader Ginsberg and entrenching what appears to be a firm 6-3 balance in favor of the court’s conservative wing.
While the court’s ideological split is often discussed as mirroring the political concepts of “conservatism” and “liberalism” that currently dominate our current national discourse, in reality the divide is one of jurisprudence and judicial philosophy. It is not uncommon for “conservative” Justices to rule on a given case in a way that favors a politically liberal outcome ( such as newly appointed Neil Gorsuch ruling in Bostock vs. Clayton County that the 1964 Civil Rights Act protections against discrimination rooted in “sex” also extend to LGBTQ Americans) or for “liberal” members of the court to similarly reach decisions that run contrary to their perceived ideologies. This has not stopped the usual suspects from running to their battle stations (although, to be honest, they really never left) to fire off Twitter salvos decrying pre-ordained legal rulings.
Of course, Mr. Blumenthal is in the thick of things and slinging emotional bombs in all directions.
Now it is clearly not a surprise that Democratic lawmakers are up in arms and decrying the impending death of American society. In their narrative Amy Coney Barrett and the Supreme Court are gearing up, as we speak, to turn America into A Handmaid’s Tale by the end of the next court term.
This is not to say that the country does not stand on the precipice of monumental change, some likely to be brought forth by the new dynamics on the court. It does. But the reason we are on edge is not simply because Donald Trump got lucky or the fact that Mitch McConnell would sell his soul for this very result (he would). It is again a direct result of what has not happened over the last several decades. It is a direct result of the slow atrophy of the Legislative branch, which is quickly becoming the gallbladder of our American democracy.
The Supreme Court is one, of three, coequal branches. It does not lord over our society, crafting America as it sees fit. Does the court wield monumental influence? Yes. Yet the influence of the court can be tempered by a robust Congress. The members of both chambers do themselves, their offices, and America a disservice with everyday spent fundraising in lieu of legislating. Everyday spent turning the gears of the partisan spin machine in lieu of meaningful debate, is a day spent allowing America slip farther from being a functioning democratic Republic by choice and closer to a Kritarchy by necessity.
The Legislative branch needs to make a deliberate effort to turn away from the temptations of partisanship and work to legislate in a comprehensive, bi-partisan manner to keep “Kritarchy” a form of government that requires a Google search, not the reality in America.