Hillary Clinton Warned Us We Had to Get Serious About the Supreme Court – The Nation
Democratic presidential candidate Hillary Clinton walks off the stage after speaking in New York, November 9, 2016. (AP Photo / Matt Rourke)
Subscribe now for as little as $2 a month!
Hillary Clinton warned us.Ad Policy
Four years ago, as she was bidding for the Democratic nomination for the presidency, she delivered the strongest speech of her campaign, on the subject of the United States Supreme Court. The address she presented was not a reflexive response to the news of the day. It was not a set of talking points repackaged to fill a passing news cycle. It was a major policy addresscomprehensive in scope and character, ambitious in its goals, yet nuanced in its recognition of the challenges facing her party and her country. I was in the room when Clinton delivered her remarks and, as someone who was often critical of the former secretary of state, I wrote that Clintons speech on the importance of filling Supreme Court vacancies, and on the values and ideals that should guide judicial nominations, was a deep and detailed discussion of a fundamental responsibility of presidents.
Yet I also noted that the speech was largely neglected, observing, In this absurd campaign season, when media outlets devote hours of time to arguments about which Republican candidate insulted which wife, about violent and irresponsible campaign aides, about whatever soap-opera scenario comes to mind, thoughtful discussions of issues get little attention. And deep and detailed discussions of issues get even less coverage. Indeed, to the extent that the speech was covered at all, it was in reference to what the Democratic contender had to say about the race for the Republican nomination, especially Clintons observation, What the Republicans have sown with their extremist tactics, they are now reaping with Donald Trumps candidacy.
That neglect of the substance of Clintons comments on the courts was unsettling at the time, and it remains unsettling, because of what it says about the challenge of making judicial selection a campaign issue. We face that challenge again, in the midst of another campaign and an even more pitched battle over the courts future. President Trumps nomination of Judge Amy Coney Barrett to fill the high court vacancy created by the death of Justice Ruth Bader Ginsburg has put this country at a critical juncture where a Republican president and his Senate allies are rushing to reconfigure the Supreme Court before the voters deprive them of the power to do so. Yet, much of the media is already on to the next story: Trumps tax troubles, Trumps outrageous tweeting, Trumps latest outburst. MORE FROM John Nichols
We did not pause, as Clinton asked us to do in 2016, to consider the crisis that was emerging with regard to the courts. And I fear that we will not pause sufficiently this fall. It was with this in mind that I revisited Clintons speech, which remains as salient today as it was when she delivered it on March 28, 2016.
Clinton spoke that day as a Yale Law School graduate, the author of scholarly articles on children and the law, a former law school instructor, and a former board chair of the Legal Services Corporation, with a long history of engagement with legal issues and the judicial-nomination process. She recognized that the Court shapes virtually every aspect of life in the United Statesfrom whether you can marry the person you love, to whether you can get healthcare, to whether your classmates can carry guns around this campus. And that If were serious about fighting for progressive causes, we need to focus on the Court: who sits on it, how we choose them, and how much we let politicspartisan politicsdominate that process.
What stood out was the way in which Clinton put the 2016 debate over judicial nominations into historical, political, and legal context. She delivered a compelling response to the question of how and when to fill the Supreme Court vacancy that had been created with the February 13, 2016, deathbefore either party had nominated its presidential candidates and long before the fall campaignof Justice Antonin Scalia. But she also observed, correctly, that this battle is bigger than just one empty seat on the Court.Current Issue
Subscribe today and Save up to $129.
By Election Day, two justices will be more than 80 years oldpast the Courts average retirement age. The next president could end up nominating multiple justices, she explained, after presciently referencing Justices Ginsburg and Anthony Kennedy. That means whoever America elects this fall will help determine the future of the Court for decades to come.
Clinton thenin a move 2020 Democratic nominees Joe Biden and Kamala Harris would do well to emulateworked her way through the Courts 2016 docket:
The Court is reviewing how public-sector unions collect the fees they use to do their work. The economic security of millions of teachers, social workers, and first responders is at stake. This is something the people of Wisconsin know all too well, because your governor has repeatedly attacked and bullied public-sector unions, and working families have paid the price. I think thats wrong, and it should stop.
The Court is reviewing a Texas law imposing unnecessary, expensive requirements on doctors who perform abortions. If that law is allowed to stand, there will only be 10 or so health centers left where women can get safe, legal abortions in the whole state of Texas, a state with about 5.4 million women of reproductive age. So it will effectively end the legal right to choose for millions of women.
If you like this article, please give today to help fund The Nations work.
The Court is also reviewing whether Texas should have to exclude non-voters when drawing its electoral map. That would leave out, among others, legal residents, people with felony convictions, and children. The fair representation of everyone in our societyincluding 75 million childrenhangs in the balance.
And on top of all that, the Court is reviewing affirmative action and President Obamas executive actions on immigration, which called for halting the deportation of DREAMers and undocumented parents of citizens and legal residents. Its also put a hold on the presidents clean-power plan. Either America can limit how much carbon pollution we produce, or we cant. And if we cant, then our ability to work with other nations to meet the threat of climate change under the Paris agreement is greatly diminished.
In short, said Clinton, in a single term, the Supreme Court could demolish pillars of the progressive movement. And as someone who has worked on every single one of these issues for decades, I see this as a make-or-break moment. If you care about the fairness of elections, the future of unions, racial disparities in universities, the rights of women, or the future of our planet, you should care about who wins the presidency and appoints the next Supreme Court justices.
Finally, Clinton took on the Courts biggest failureaddressing an issue that her rival for the Democratic nomination, Vermont Senator Bernie Sanders, had made central to his campaign.
Describing the dangerous turn the Court has taken in recent years toward protecting the rights of corporations over those of people, she decried the 2010 Citizens United ruling that knocked down barriers to corporate influence on elections.
If the Court doesnt overturn Citizens United, I will fight for a constitutional amendment to limit the influence of money in elections, she said. It is dangerous to our country and poisonous to our politics.The Nominee
But, to her credit, Clinton did not stop with Citizens United. This Court has voted on the side of corporationsagainst the interests of workers, unions, consumers and the general publicin case after case, said Clinton, who explained that the Court has made it harder for consumers to band together to sue a corporation, even if they are collectively suffering from corporate behavior. So 2 million Comcast subscribers in Philadelphia were told they each had to hire a lawyer if they wanted to sue for fairer prices. One-and-a-half million women working at Walmart each had to hire a lawyer if they wanted to sue for sex discrimination. Thats a burden that the vast majority of people cannot afford.
Clinton closed by putting the arguments that Democrats always make about the Supreme Court into political perspectiveand into language that should have resonated far beyond legal circles.
The Court used toin the 20th century anywayprotect the little guy against the rich and powerful. More and more, its doing the oppositeprotecting the rich and powerful against the little guy, said the former secretary of state. If Im fortunate enough to be president, I will appoint justices who will make sure the scales of justice are not tipped away from individuals toward corporations and special interests; who will protect the constitutional principles of liberty and equality for all, regardless of race, gender, sexual orientation or political viewpoint; who will protect a womans right to choose, rather than billionaires right to buy elections; and who will see the Constitution as a blueprint for progress, not a barrier to it.
What Hillary Clinton said in 2016 was right. Its even more right now.
Democrats should make a deep and determined discussion of the Supreme Court, the Constitution, and the future of the rule of law central to the 2020 campaignso central that it cannot be neglected by the media or by the voters.
View post:
Hillary Clinton Warned Us We Had to Get Serious About the Supreme Court - The Nation
- Hillary Clinton Endorses Her First Candidate of 2026 - NOTUS - October 8th, 2026 [October 8th, 2026]
- Hillary Clinton, Chloe Fineman, and More Attend Argents 10th Anniversary Party - Yahoo - October 8th, 2026 [October 8th, 2026]
- Hillary Clinton, Huma Abedin, Barbara Bush and More Attend Argent 10-Year Work Friends Dinner - WWD - October 8th, 2026 [October 8th, 2026]
- Trump Administration Won't Invite International Election Observers For 2026 Midterms and Hillary Clinton - Benzinga - October 8th, 2026 [October 8th, 2026]
- Trump says 'I could've done very bad things to Hillary Clinton,' Obama, Biden - The National Desk - October 8th, 2026 [October 8th, 2026]
- Trump Says He Could Have Done 'Very Bad Things' to Hillary Clinton, Biden and Obama Presidency Must be - Benzinga - October 8th, 2026 [October 8th, 2026]
- Trump says 'I could've done very bad things to Hillary Clinton,' Obama, Biden - WGXA - October 8th, 2026 [October 8th, 2026]
- 'I Could Have Done Very Bad Things': Trump Targets Hillary Clinton, Biden, Obama; Says They Impeached Him T - News18 - October 8th, 2026 [October 8th, 2026]
- I couldve done very bad things to Hillary Clinton, Biden & Obama: Trump | presidency as a sacred position: Trump | Inshorts - Inshorts - October 8th, 2026 [October 8th, 2026]
- Trump says he 'could have done very bad things to Hillary Clinton' - Yahoo - October 8th, 2026 [October 8th, 2026]
- Pete Davidson Grows Up: On Leaving SNL, Famous Exes, the Joys of Fatherhood and Why Hes Keeping His Hillary Clinton Tattoo - Variety - October 4th, 2026 [October 4th, 2026]
- Pete Davidson to keep Hillary Clinton tattoo as he removes the rest - Washington Times - October 4th, 2026 [October 4th, 2026]
- Pete Davidson Is Getting Hundreds of Tattoos Removed, But Wont Touch His Hillary Clinton Ink: Thats My Dog - AOL.com - October 4th, 2026 [October 4th, 2026]
- Making the Cookies From The First Lady Bake Off 1992: Barbara Bush versus Hillary Clinton - Columbus Underground - September 28th, 2026 [September 28th, 2026]
- Washington Post. . President Trumps effort to ban CNN, MS NOW and Politico from the White House is deeply disturbing, former secretary of state... - September 28th, 2026 [September 28th, 2026]
- Harold Ford Jr.: I Wonder How Hillary Clinton Feels About Obama Saying It "Would Be Better" If Women Were In Charge - yahoo.com - September 28th, 2026 [September 28th, 2026]
- Hillary Clinton on Trump banning White House reporters - The Washington Post - September 24th, 2026 [September 24th, 2026]
- JD Vance tried to get Hillary Clinton elected in 2016, insiders claim - the-independent.com - September 22nd, 2026 [September 22nd, 2026]
- JD Vance Tried To Advise Hillary Clinton On Beating Trump: Report - Yahoo - September 22nd, 2026 [September 22nd, 2026]
- Hillary Clinton reflects on the losses and lessons of 9/11 - THIRTEEN - New York Public Media - September 15th, 2026 [September 15th, 2026]
- Hillary Clinton recounts 9/11 and the fight for funds that followed - amny.com - September 15th, 2026 [September 15th, 2026]
- Hillary Clinton on 10/7: It's Possible Netanyahu Wanted To See What Hamas Could Plan So That "He Could Come Down Hard" - Yahoo - September 15th, 2026 [September 15th, 2026]
- Hillary Clinton and More to Join Fords Theatre's Event Marking 25 Years Since 9/11 - BroadwayWorld - September 15th, 2026 [September 15th, 2026]
- Elon Musk Finds Common Ground With Obama and Hillary Clinton and Breaks with Trump on AI - Latin Times - September 15th, 2026 [September 15th, 2026]
- Horrible to say: Hillary Clinton floats Netanyahu knew about Oct 7 beforehand | RISING - The Hill - September 15th, 2026 [September 15th, 2026]
- 'Biggest Conspiracy Theorist in America?' Hillary Clinton Sparks Fury With Netanyahu, Oct 7th Remark - Yahoo - September 15th, 2026 [September 15th, 2026]
- I am done: Hillary Clinton bangs table, yells and walks out as GOP grills her over Epstein ties - The Economic Times - September 15th, 2026 [September 15th, 2026]
- Hillary Clinton warns the U.S. has let its guard down on terrorism 25 years after 9/11 - NBC News - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton says shes increasingly confident Democrats will win back Congress - MS NOW - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton: 'I hate' Trump and Netanyahu's governments but love America and Israel - Fox News - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton: Trump Is The "Olympic Champion Of Lying," "He Lies Just For The Sake Of Lying" - Yahoo - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton told House panel probing Epstein, 'I've given the same answers over and over again' - ABC News - Breaking News, Latest News and Videos - September 11th, 2026 [September 11th, 2026]
- CNNs Scott Jennings Gets Called Out Over His Attack on Hillary Clinton - Yahoo - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton on Trumps handling of COVID: He lies about everything - Washington Times - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton calls for tougher US position if Israelis reelect ICC fugitive Netanyahu - TRT World - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton: The Curtain Rises Again (and Again) - East Wing Magazine - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton Says the US No Longer Has Eyes And Ears in the Countries Where Extremism Is Spreading - Thought Catalog - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton on what she learned in the aftermath of 9/11 and how those lessons apply today - MS NOW - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton joins Morning Joe to reflect on 25 years after 9/11 - MS NOW - September 11th, 2026 [September 11th, 2026]
- 'Incredibly ill-advised': Hillary Clinton BASHES Trump on Iran war - Modern Ghana - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton on Israel and the U.S.: "I love Israel and I hate Netanyahus government and his policies. I love America and I hate Trumps... - September 11th, 2026 [September 11th, 2026]
- Why does Hillary Clinton say terrorism remains a threat? - Attack of the Fanboy - September 11th, 2026 [September 11th, 2026]
- Hillary Clinton remembers Gloria Steinem as "one of the architects" of women's equality - cbsnews.com - September 4th, 2026 [September 4th, 2026]
- Behind the Headlines: Hillary Clinton at Guild Hall and More - 27east.com - September 4th, 2026 [September 4th, 2026]
- Kamala Harris, Hillary Clinton, Oprah Winfrey and others pay tribute to Gloria Steinem - Boston Herald - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton, Jill Biden and others honor Gloria Steinem, who has died at 92 - WOWT - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton Is Heartsick Over Friend Gloria Steinems Death as She Recalls Their Final Visit in Emotional Tribute - People.com - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton, Jane Fonda, Oprah Winfrey and others pay tribute to feminist icon Gloria Steinem - Le Monde.fr - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton heartsick over Gloria Steinem death: Burning bright to the very last hour of her life - Entertainment Weekly - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton: Gloria Steinem was brilliant, beautiful, funny, so connected to the world and she did it all with such grace - MS NOW - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton Mourns the Loss of 'Beautiful, Brilliant' Gloria Steinem: 'The Difference That One Person Can Make' - TheWrap - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton Recalls Final Visit With Gloria Steinem and Her Lasting Message: The Fight Is Worth It - yahoo.com - September 4th, 2026 [September 4th, 2026]
- Hillary Clinton, Jill Biden, Oprah Winfrey and others honor Gloria Steinem, who has died at 92 - Star Beacon - September 4th, 2026 [September 4th, 2026]
- Lauren Snchez Bezos, Hillary Clinton, President Donald Trump, Reba, and more celebrities mourn Dolly Parton: There will never be another you - HOLA - August 31st, 2026 [August 31st, 2026]
- Hillary Clinton says Democrats going through experiment - Fox News - August 31st, 2026 [August 31st, 2026]
- India, China could help Trump resolve Iran crisis through diplomacy: Hillary Clinton - The Times of India - August 31st, 2026 [August 31st, 2026]
- Ex-Hillary Clinton staffer warns Democrats that courting far-left could cost them Jewish voters - Fox News - August 31st, 2026 [August 31st, 2026]
- 'Trump could get out of this...': Hillary Clinton names India, China as key cards to end Iran crisis - WION - August 31st, 2026 [August 31st, 2026]
- Trump Beseeches Supreme Court for More Time To Revive Racketeering Case Against Hillary Clinton for Unthinkable Plot - The New York Sun - August 31st, 2026 [August 31st, 2026]
- Trumps Iran exit? Hillary Clinton says key could be India, China - The Indian Express - August 31st, 2026 [August 31st, 2026]
- Hillary Clinton says India and China could help Trump end US-Iran conflict through economic and diplomatic... - Moneycontrol.com - August 31st, 2026 [August 31st, 2026]
- Hillary Clinton Says 'She's Making a List' of Changes the White House Will Need After Trump Leaves Office - Yahoo Lifestyle Canada - August 18th, 2026 [August 18th, 2026]
- Column: Why Im not voting for Hillary Clinton - The Daily Tar Heel - August 16th, 2026 [August 16th, 2026]
- Hillary Clinton Wears A Chic Blazer While Criticizing Donald Trump Over 'Tackied-Up' White House Decor In New Podcast Appearance - Yahoo News... - August 16th, 2026 [August 16th, 2026]
- Hillary Clinton Vows to Clean Up Donald Trumps White House Amid His Third-Term Ambitions - AOL.com - August 16th, 2026 [August 16th, 2026]
- Hillary Clinton Warns Republicans Communist, Socialist Attacks on Democrats Will Be Effective in 2026 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Hillary Clinton warns this Republican attack on Democrats will be very effective - The Independent - August 14th, 2026 [August 14th, 2026]
- Hillary Clinton Ridicules Unhinged Donald Trump Over His Obsession With All the Wrong Things - AOL.com - August 14th, 2026 [August 14th, 2026]
- Quote of the day by Hillary Clinton, 'To me you cannot be fully human, fully civilised, unless you recogni - The Economic Times - August 14th, 2026 [August 14th, 2026]
- Trump indicates that he will bring Hillary Clinton case to SCOTUS - SCOTUSblog - July 30th, 2026 [July 30th, 2026]
- Hillary Clinton knocks Pulte: We should definitely be worried about everything - The Hill - July 6th, 2026 [July 6th, 2026]
- Hillary Clinton Says Trump Cant Clean A Pool Or Run A Real 250th Party,' Claims The Reason Is Not Just Incompetence But Also 'Corruption' - Yahoo - July 6th, 2026 [July 6th, 2026]
- The World Would Be A Much Different Place If Hillary Clinton Had Won The 2016 Nathans Hot Dog Eating Contest - The Onion - July 6th, 2026 [July 6th, 2026]
- Hillary Clinton issues grim prediction on unleashed and unhinged Trump administration - AL.com - July 6th, 2026 [July 6th, 2026]
- Hillary Clinton and Trumps Board of Peace for Gaza - The American Prospect - July 1st, 2026 [July 1st, 2026]
- White House Tries To Troll Hillary Clinton And Critics Turn The Tables - Yahoo News Australia - July 1st, 2026 [July 1st, 2026]
- Happy birthday to this future president: Why White House is mocking Hillary Clinton with her old post - Firstpost - July 1st, 2026 [July 1st, 2026]
- White House X account mocks Hillary Clinton, shocked netizens say it is being run by 'petty, juvenile teenagers' - WION - July 1st, 2026 [July 1st, 2026]
- Hillary Clinton Says Trump Cant Clean A Pool Or Run A Real 250th Party,' Claims The Reason Is Not Jus - Benzinga - July 1st, 2026 [July 1st, 2026]
- White House Tries To Troll Hillary Clinton And Critics Turn The Tables - AOL.com - July 1st, 2026 [July 1st, 2026]