Tag: Erwin Chemerinsky

It’s Time to Reform the Supreme Court — Here Are Five Ways to Do It

ERWIN CHEMERINSKY – In a forthcoming book, The Case Against the Supreme Court (to be published by Viking on September 25), I argue that throughout American history, the Supreme Court has largely failed at its most important tasks of enforcing the Constitution and protecting the rights of minorities. The Supreme Court’s decisions about race – aggressively enforcing the rights of slaveholders, approving “separate but equal” and Jim Crow laws for 58 years, most recently striking down a key provision of the Voting Rights Act of 1965 – have made society worse. Throughout American history, the Court has failed to enforce the Constitution in times of crisis, allowing violations of basic rights without making the country any safer. And the Court, especially today, has consistently sided with the interests of business at the expense of workers, unions, and consumers. In the last chapter of the book, I ask how the Court might be reformed to make it more likely to succeed at its most important tasks in the future. . . . I can identify at least five reforms, some large and some small, that would change the Court significantly for the better.