Although there are some interesting ideas in the discussion here, let me return to some of the points Hans Johnson makes in his splendid column. First, he is absolutely right that "the need to rein in a radical court majority assailing precedents and basic fairness" is enormously important. His account of several recent Supreme Court decisions shows the power of the Court and the damage it can do. Second and far less important, I have to confess that my own values may be a little different from Hans'. While he criticizes the "radical court majority assailing precedents," I must say that …
rarelysanguine
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(this is the next installment...) Finally, Hans says, "The challenge [for progressives] is to clearly articulate the dangers stemming from the court's rulings and translate displeasure and distrust into allegiance and activism." I enthusiastically agree, but I fear that this challenge may be insurmountable. On a few occasions in the last half-century -- notably the campaign against the Bork nomination that Hans describes very well, along with similar campaigns against the Supreme Court nominations of Clement Haynsworth and G. Harrold Carswell during the Nixon administration -- elements of the liberal and Democratic base have briefly mobilized to fight against specific judicial …
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