Mr. President, the Janus decision coming up in the U.S. Supreme Court, which Senator Brown has just spoken about, is one that merits the attention of people who are concerned about the country and the Court. I wish to make two points in my remarks. The first has to do with the very difficult to explain--or at least very difficult to comfortably explain--pattern of 5-to-4 decisions of the U.S. Supreme Court, in which the five consist entirely of Republican appointees. The Supreme Court makes a lot of decisions, of course. But there is something that is particularly interesting about the 5-to-4 decisions, where the five Republican appointees line up and roll the other appointees. When we start looking at those decisions, there are some really significant patterns that emerge. The first pattern goes to issues in which the court is treading into the world of politics. Bear in mind that when Sandra Day O'Connor left the Court, it lost its only member who had ever run for office. What Justice O'Connor left behind was the first Court in the history of the United States that had exactly zero experience with elections and politics. There has never been as ignorant and green a Court in the history of the United States when it comes to politics; yet there has rarely been a Court so flagrantly eager to jump into politics and make very consequential decisions.…
On the recordNovember 1, 2017
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