It began the day of the leaking of the draft, maybe even in anticipation thereof. Legal scholars, bright law students, and informed journalists began the shredding process. In the days since and for far into the future they have and will point out the many fallacies in logic; the disregard for unintended consequences; the disregard for reality, personal rights, females, and human life; the intent of the founders; the need for the Constitution to evolve. The Federalist Society told Sam, Clarence, and CO that they were geniuses. The damned fools believed them. The process of disabusing begins.
This is the way it has always been done; a way that takes far too long.
For a Supreme Court to be effective, it must, as nearly as possible, comprise the best, brightest, legal scholars; scholars who are also wise. The Constitution in its paucity leaves it to Congress. Other impeachment and certifiable dementia; Congress is the only constitutional check on the Court. The McConnell Court demands Congress act to preclude such an inept, lopsided majority recurring. It is time for the Nation to come to grips with its Supreme Court problem.
Congress could legislate that confirmation to the court requires two-thirds approval in the Senate. Congress could establish polling of the top one-thousand legal scholars for their recommendation of nominees. Congress could limit Court terms to, say, eighteen years. Congress could impose mandatory retirement at seventy years of age, or less. Congress could establish a non-partisan judicial review board. Congress could increase the number of justices significantly. Congress could require annual mental acuity testing on sitting judges and justices.
The rot of the McConnell Court far exceeds Roe. This lot is not one of wise men and women. This lot spent a lifetime getting on the Court in order to impose an agenda; an agenda with no regard for consequences. An agenda that transcends the Nation’s need to deal with a one-million death pandemic, Climate Change, the slaughter of children with assault weaponry, …, gerrymandering, inequality, and voter suppression.
Post Script – from a lawyer friend: A way to think of it, is court-capture. The Federalist Society and dark money interests have a servile court now. And now that Court has discarded all semblance of public perception, decorum, dignity: to deliver quickly the upheaval they were always under orders to deliver. Loose analogy is regulatory-capture. Long established reality. Now the analogous has happened in the ultimate body.