The Era of Minority Rule

Jonathan Chait: “Democrats have won the national vote in six of the last seven presidential elections, which, with the retirement of Anthony Kennedy, will have resulted in the appointment of eight of its nine justices. And yet four of those justices will have been appointed by presidents who took office despite having fewer votes than their opponent. Republicans will have increasingly solid control of the court’s majority, with the chance to replace the sometimes-wavering Kennedy with a never-wavering conservative movement stalwart.”

“Over the last generation, the Republican Party has moved rapidly rightward, while the center of public opinion has not. It is almost impossible to find a substantive basis in public opinion for Republican government. On health care, taxes, immigration, guns, the GOP has left America behind in its race to the far right. But the Supreme Court underscores its ability to counteract the undertow of its deepening, unpopular extremism by marshaling countermajoritiarian power.”