The Supreme Court Phalanx
The Supreme Court Phalanx
The Court's New Right-Wing Bloc
New York Review of Books, Paperback, 9781590172933, 71pp.
Publication Date: May 13, 2008
Dworkin examines the key decisions of the Court's 2006--2007 term and argues that these two new justices, along with Antonin Scalia and Clarence Thomas, have created an "unbreakable phalanx bent on remaking constitutional law." They are guided not by political ideology or conservative judicial principle but rather by "partisan, cultural, and perhaps religious allegiance," and disdain tradition, precedent, even careful legal reasoning.
In his analyses of the prior records of Roberts and Alito, Dworkin finds ample evidence that both have long held strong conservative convictions. But during their confirmation hearings, they gave little hint of their judicial philosophy, hiding behind vague promises to make decisions "according to the rule of law." If senators fail to press nominees for candid answers to the controversial questions of principle underlying the Constitution, Dworkin contends, then the confirmation process is irrelevant.
As a result, the Court may be dominated for a generation by justices whose views are far from those of most Americans. Its past decisions on issues such as abortion, affirmative action, and executive power, Dworkin fears, are "vulnerable to reversal in the next several years as the fiercely conservative justices set out to rewrite American constitutional law without much caring about the logic of the arguments they use to do so. Bush's appointment of Roberts and Alito may prove to be among the worst of the many disasters of his miserable administration.
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