To Defend Multiracial Democracy, Progressives Must Embrace Court Reform – American Constitution Society
As the dust continues to settle on the Supreme Courts 2023-2024 term, the conservative majoritys existential threat to our democracy (and, in particular, our multiracial democracy) could not be clearer. But progressives have also enabled this threat by refusing to embrace the democratic reforms necessary to bring the Court to heel.
Beyond the widely panned decision granting Donald Trump unprecedented immunity from prosecution, the Courts decisions have followed a clear trend of expanding power for the rich and connected (who will have new tools to challenge environmental and consumer protections), and diminishing it for people of color (who will have fewer tools to challenge racist gerrymanders), and the poor (who can now be incarcerated for sleeping outside even when no shelter is available).
Even in supposed bright spots, such as Rahimi, in which the Court declined to overrule a federal law that bars anyone under a domestic violence restraining order from having a gun, its rulings have reified white supremacy. The Court did not refrain from imposing its history and tradition test for gun laws, which Sotomayor acknowledged privileges an era predating the inclusion of women and people of color as full members of the polity. The Court also conspicuously declined to address whether its vision of originalism includes the history of Reconstruction, which fundamentally transformed race relations and laid the foundation for multiracial democracy in the United States.
In the face of the Courts sustained attack on multiracial democracy, progressive responses have so far been ineffective. Progressives arguing before the Court have relied on precedent only to see those precedents tossed away in cases ending the right to abortion and outlawing affirmative action. They have grounded their arguments in history only to see the Court cherry pick research to achieve its desired results in cases diminishing the power of federal agencies. And, outside the courtroom, progressives have shone spotlights on Justices Alitos and Thomas numerous conflicts of interest, only to have calls for the pairs recusal fall on deaf ears in cases related to the January 6 insurrection.
Yet in the wake of another devastating term, President Biden has announced no plan for Supreme Court reform. Instead, he seems content to patiently await a vacancy that may never arise to make his next appointment.
Lets be honest with ourselvesefforts to influence or reshape the Court short of structural reform are doomed to fail. Because justices currently have lifetime tenure, and experience has demonstrated that they will time their departures to coincide with ideologically sympathetic presidential administrations, there is no guarantee that another progressive presidency will result in any shift in the Courts ideology.
Meanwhile, as the Court places its thumb on the scale in elections, whether directly, as in Bush v. Gore, or more indirectly by diluting the Voting Rights Act, and unleashing unlimited corporate spending in elections, democracy may continue to erode.
When they have the political power to do so, progressives must immediately expand the Court to reflect the diverse backgrounds, experiences and viewpoints of the nation, and impose term limits on justices (in line with other Western democracies).
Opposition to these straightforward ways to restore democratic accountability have laid bare progressive ambivalences about democracy itself. Some progressive elites, and particularly legal elites who are wary of reigning in the Court point to (supposedly) counter-majoritarian decisions like Brown, Roe and Obergefell, which expanded rights for people of color, women and LGBT people, as reasons to preserve the Courts power.
But an overly romantic view of the Court risks breezing past the Supreme Courts efforts to disempower vulnerable groups throughout its history in cases like Dred Scott, which held that Black people were not and could not be citizens, Plessy, which enshrined separate but equal for more than half a century, and Korematsu, which denied the constitutional rights of Japanese Americans interned during World War II, and throughout the anti-regulatory Lochner era. And it risks empowering a handful of unaccountable decisionmakers above the true levers of social changethe people.
While the Supreme Court was a sometime ally to the movements of the 1950s, 60s and 70s, the true heroes of change were civil rights organizers and feminist activists who dared to imagine a brighter future. They pushed the nation (kicking and screaming) closer toward equity as reflected in the enactment of landmark legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
As the demise of Roe and its aftermath has made clear, victories that rely on the Supreme Court alone are fragile. Lasting protections for the most vulnerable must be won and defended through power building at all levels of societynot in the courts alone. Continued progress is possible, but only if we restrain a Court that is all too happy to defang or dismantle popularly enacted legislation.
We must continue to call out the Courts insidious efforts to undermine democracy. We must also hold progressive leaders, and especially the progressive bar, accountable for their role in enabling this erosion. And we must demand that the President and Congress take action to expand the Court and impose term limits. If they do not, it's difficult to see how the Courts future terms wont be darker mirrors of this one.
Importance of the Courts, Supreme Court, Supreme Court Reform
Originally posted here:
To Defend Multiracial Democracy, Progressives Must Embrace Court Reform - American Constitution Society
- Can Opposing Data Centers Help Progressives Win? - Mother Jones - August 1st, 2026 [August 1st, 2026]
- Progressives Midwest insurgency is powered by the growing data center backlash - Semafor - August 1st, 2026 [August 1st, 2026]
- Religion isnt just for the right: five ways progressives are invoking religious freedom laws - The Guardian - August 1st, 2026 [August 1st, 2026]
- Meet All the New Progressives and Democratic Socialists Heading to Congress - Zeteo - August 1st, 2026 [August 1st, 2026]
- Analysis: Have progressives peaked? The next few weeks will be crucial in Democrats tug-of-war - WBAL News Radio - August 1st, 2026 [August 1st, 2026]
- Rep. Burgess Owens says progressives are getting involved with GOP primaries to shift Utah leftward - Yahoo - August 1st, 2026 [August 1st, 2026]
- Utah Republican says progressives are inside the gate to shift Utah to the left - Deseret News - August 1st, 2026 [August 1st, 2026]
- Sanders on Fetterman attacks: I would not put too much credibility on what he says about El-Sayed and Progressives - cnn.com - August 1st, 2026 [August 1st, 2026]
- Minnesota progressives campaign on Medicare for All as ranks of uninsured grow - MinnPost - July 24th, 2026 [July 24th, 2026]
- Progressives want to tax billionaires first, and you're next on the list - Fox News - July 24th, 2026 [July 24th, 2026]
- Crypto, AI, and AIPAC Super PACs Are Spending in Lockstep Against Progressives - The Nation - July 24th, 2026 [July 24th, 2026]
- Gerth: Progressives pushing Beshear on McConnell are wrong | Opinion - The Courier-Journal - July 24th, 2026 [July 24th, 2026]
- Analysis: Have progressives peaked? The next few weeks will be crucial in Democrats tug-of-war - The Seattle Times - July 24th, 2026 [July 24th, 2026]
- Progressives Nice-to-Have Problem: What to Do With Excess Capital - WSJ - July 24th, 2026 [July 24th, 2026]
- Analysis: Have progressives peaked? The next few weeks will be crucial in Democrats' tug-of-war - WKMG - July 24th, 2026 [July 24th, 2026]
- Progressives Opposed to SEDA Talk From Both Sides of Their Mouths - GV Wire - July 24th, 2026 [July 24th, 2026]
- Will Incoming Progressives Give Hakeem Jeffries Their Support? - News of the United States - NOTUS - July 24th, 2026 [July 24th, 2026]
- Insufficient? The Bible And Baptist Progressives - Patheos - July 24th, 2026 [July 24th, 2026]
- Analysis: Have progressives peaked? The next few weeks will be crucial in Democrats' tug-of-war - Star Beacon - July 24th, 2026 [July 24th, 2026]
- Nicholas Lemanns aggrieved article on Jews and progressives reveals a blindness to the evil of Zionism - Mondoweiss - July 24th, 2026 [July 24th, 2026]
- Analysis: Have progressives peaked? The next few weeks will be crucial in Democrats' tug-of-war - Temple Daily Telegram - July 24th, 2026 [July 24th, 2026]
- Bill Maher levels progressives with three-word slam and might just vote for JD Vance in 2028 - Yahoo - July 24th, 2026 [July 24th, 2026]
- Progressives once supported Israel. What happened? - thenewsherald.com - July 20th, 2026 [July 20th, 2026]
- Michigan progressives and moderates battle over the future of the Democratic Party - Yahoo - July 20th, 2026 [July 20th, 2026]
- Michigan progressives and moderates battle over the future of the Democratic Party - The Hill - July 18th, 2026 [July 18th, 2026]
- Preview of Coming Attractions: Is This the Future Progressives Want for Los Angeles? - CityWatch LA - July 18th, 2026 [July 18th, 2026]
- 'Bullshit': The Dividing Line Between The Progressives Who Could Replace Graham Platner - HuffPost - July 18th, 2026 [July 18th, 2026]
- Cori Bush tells fellow US progressives: My reelection would be knockout punch to AIPAC - The Times of Israel - July 16th, 2026 [July 16th, 2026]
- Sanders-backed progressives try to make AI the new AIPAC - Semafor - July 16th, 2026 [July 16th, 2026]
- This Was a Black Eye: Progressives Face Reckoning Over Graham Platner - News of the United States - NOTUS - July 16th, 2026 [July 16th, 2026]
- Liberal progressives are remaking the Democratic party in 2026 - USA Today - July 16th, 2026 [July 16th, 2026]
- Liberal progressives are remaking the Democratic party in 2026 | The Excerpt - AOL.com - July 16th, 2026 [July 16th, 2026]
- Progressives look to recharge the Green New Deal for the AI era - Politico - July 13th, 2026 [July 13th, 2026]
- Progressives look to revamp the Green New Deal for the AI era - E&E News by POLITICO - July 13th, 2026 [July 13th, 2026]
- Euthanasia in France: For the third time, the Senate says no. Progressives and the French left will pass it in Parliament - ZENIT - English - July 13th, 2026 [July 13th, 2026]
- Analysis | Progressives elevated Graham Platner. Now they want influence if he drops out. - The Washington Post - July 13th, 2026 [July 13th, 2026]
- Progressives and Socialist Democrats set to recharge the Green New Deal for the AI era - Energy News Beat - July 13th, 2026 [July 13th, 2026]
- Graham Platner, progressives, and the Israel wedge: Democrats midterm challenge - MS NOW - July 13th, 2026 [July 13th, 2026]
- Progressives Notch Another Big Win in Colorado Primary Elections | National News | U.S. News - U.S. News & World Report - July 3rd, 2026 [July 3rd, 2026]
- Taylor Riggs slams progressives' use of 'deserve': 'You have to work hard for everything' - Fox Business - July 3rd, 2026 [July 3rd, 2026]
- Obama judge hands progressives a win over anti-Trump '86 47' message amid rising threats - Yahoo - July 3rd, 2026 [July 3rd, 2026]
- Prayer changes things. For progressives too. - Daily Kos - July 3rd, 2026 [July 3rd, 2026]
- Watch: Denver progressives secure big win with Kiros but don't sweep the board - Straight Arrow News - SAN - Unbiased. Straight Facts. - July 3rd, 2026 [July 3rd, 2026]
- The SSPX, Progressives, and the Temptation to Build Another Church - EWTN Great Britain - July 3rd, 2026 [July 3rd, 2026]
- Obama judge hands progressives a win over anti-Trump '8647' message amid rising threats - Fox News - July 3rd, 2026 [July 3rd, 2026]
- Denver progressives secure big win with Kiros but don't sweep the board - Yahoo - July 1st, 2026 [July 1st, 2026]
- Progressives Extend Winning Streak in Democratic Primaries - WhoWhatWhy - July 1st, 2026 [July 1st, 2026]
- Progressives are winning in American cities. Can they win rural voters too? | Bhaskar Sunkara - The Guardian - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Straight Arrow News - SAN - Unbiased. Straight Facts. - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - The Times and Democrat - July 1st, 2026 [July 1st, 2026]
- Exclusive / Progressives grapple with old tweets - Semafor - July 1st, 2026 [July 1st, 2026]
- Democratic socialist Melat Kiros will defeat Rep. Diana DeGette in another win for progressives, CNN projects - news8000.com - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Lincoln Journal Star - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Longview Daily News - July 1st, 2026 [July 1st, 2026]
- Progressives Should Follow the ABC of AOC - Newsweek - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Kearney Hub - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Fremont Tribune - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - McDowell News - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - The Post Star - July 1st, 2026 [July 1st, 2026]
- The Progressives: A Primer, Who They Are and What They Represent - The Times of Israel - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Tulsa World - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Montana Standard - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Sioux City Journal - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - Martinsville Bulletin - July 1st, 2026 [July 1st, 2026]
- Progressives score major upsets in left turn for Democratic party in Colorado - News24 - July 1st, 2026 [July 1st, 2026]
- Denver progressives secure big win with Kiros but dont sweep the board - SWVA Today - July 1st, 2026 [July 1st, 2026]
- In New York's primaries, progressives face the establishment, and a Kennedy scion seeks office - KCCI - June 28th, 2026 [June 28th, 2026]
- Unhinged Trump Calls US Progressives Communist 'Animals' Who Will 'Close Your Churches' and 'Kill Your People' - Common Dreams - June 28th, 2026 [June 28th, 2026]
- Progressives are making new ground in Congress and causing new anxiety for Democrats - MS NOW - June 26th, 2026 [June 26th, 2026]
- How Liberals and Progressives Should Celebrate Americas 250th - The American Prospect - June 26th, 2026 [June 26th, 2026]
- Opinion | Progressives have already lost the Suffolk County DA's race - The Boston Globe - June 26th, 2026 [June 26th, 2026]
- Josh Shapiro says progressives wins in New York show voters are channeling that pain into purpose - Inquirer.com - June 26th, 2026 [June 26th, 2026]
- No 'Mamdani moment' for Nevada progressives in 2026, but some signs of hope - The Nevada Independent - June 26th, 2026 [June 26th, 2026]
- D.C. socialists and progressives sweep elections - People's World - June 26th, 2026 [June 26th, 2026]
- New York Progressives Had a Great Night - The Cut - June 26th, 2026 [June 26th, 2026]
- In New York's primaries, progressives face the establishment, and a Kennedy scion seeks office - KSAT - June 26th, 2026 [June 26th, 2026]
- Progressives renew the militant spirit of pride - Bulatlat - June 26th, 2026 [June 26th, 2026]
- Progressives Inequality Arguments Reaching the Green Light - Mises Institute - June 26th, 2026 [June 26th, 2026]
- In New Yorks primaries, progressives face the establishment, and a Kennedy scion seeks office - WTRF - June 26th, 2026 [June 26th, 2026]
- Progressives Topple Two Incumbents in New Yorks Primary Elections - WhoWhatWhy - June 26th, 2026 [June 26th, 2026]