The Supreme Court Is Corrupt. This Is What We Can Do About It.
The article argues that the Supreme Court is corrupt, not only due to financial improprieties by justices like Clarence Thomas and Samuel Alito, but also because of their misuse of power and abandonment of constitutional text to advance partisan interests. It claims the Court acts as an unelected legislature, selectively applying originalism and textualism to serve political goals, such as weakening voting rights and expanding presidential power. Examples include inventing doctrines like state sovereignty and criminal immunity, and applying inconsistent standards on issues like gun rights versus abortion rights.
- ▪The Court has accepted gifts from wealthy benefactors, with Clarence Thomas notably receiving large undisclosed gifts.
- ▪The Court invented the doctrine of state sovereignty in Shelby County v. Holder to weaken federal oversight of voting rights.
- ▪In back-to-back rulings, the Court used history to strike down gun regulations but ignored history to allow abortion restrictions.
- ▪The Court has inconsistently applied racial considerations, permitting race-based immigration stops but blocking race-conscious voting reforms.
- ▪It recently entertained challenges to birthright citizenship despite clear constitutional text and history in the 14th Amendment.
Opening excerpt (first ~120 words) tap to expand
The Supreme Court is corrupt.You might hear that and think, “Well, Jamelle, you just disagree with the rulings. They’re not corrupt. They’re doing their jobs.” But I want to posit to you that they’re not doing their jobs. They’re in fact doing something very different. They’re acting as a super legislature, an unelected group of people who have taken it upon themselves to correct Congress. Not when Congress has overstepped its bounds, not when Congress has overstepped its powers, but when the court simply doesn’t like what they’re doing.Typically when we use the word corruption, we are thinking about monetary corruption, bribes and the like. And it should be said there’s some of this. Clarence Thomas in particular is known for taking large sums, large gifts from his wealthy benefactors.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at kottke.org.
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