All posts tagged: May Court

Justice Kennedy, Judge Kavanaugh, and Our Two Supreme Courts

As many people now know, thanks to Lin-Manuel Miranda, Alexander Hamilton insisted, in one of his famous essays urging his fellow New Yorkers to embrace the proposed Constitution of the United States, that the Supreme Court “is beyond comparison the weakest” of the national government’s three branches. After all, the other two branches “dispense[] the honors,” “hold[] the sword,” “command[] the purse,” and “prescribe[] the rules.” But the Supreme Court? It has “neither FORCE nor WILL, but merely judgment” and is, therefore, the government’s “least dangerous branch.” Things have changed. For a variety of reasons—including the “rights revolution” of the 1960’s and Congress’s inability, or unwillingness, to legislate—the Court’s role in the country’s policies, politics, culture, and imagination has ballooned. Every summer, as the Court’s term comes to an end and the high-profile, hot-button decisions are released, judicial junkies are glued to their screens and the SCOTUSblog website like MCU fans waiting for the new Avengers trailer to drop. Each new much-anticipated, 5-4 ruling prompts howls and hosannas, grim pronouncements that doom is near and …