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Tuesday, September 22, 2020

Griswold

 Think of a Supreme Court decision that everyone agrees with now, like Griswold or Loving. Something that is (or should be!) beyond controversy.  Now think of how long it would have taken for every state legislature to change the relevant laws.  

Ideally, of course, the democratic process should take care of this on its own. I'm sure eventually Conn. would have made it legal to use contraception, and VA (and other Southern States) would have ended its miscegenation laws. When would this have happened? 1985? 1995? We don't know. 

Democracy is good, but it doesn't even guarantee rights for the majority. For example, the majority of people are women, but women's rights required court decisions as well. It would be very simple to have a democratic majority: 100% of the women, all the ethnic minorities, and 20% of white men could outvote the Republicans quite easily, in every congressional district in the nation. 

A poet I know was posting on facebook that the Supreme Court should represent the population. But this is not a representative institution. I wouldn't care if there were 9 white men on it, if I agreed with their decisions. 



2 comments:

Leslie B. said...

But a lot of women are for Trump, and a certain number of minority voters. I know women who don't even believe women should have the vote (or at least not married ones). I'm for getting rid of the electoral college

Jonathan said...

A popular vote would have given us Al Gore and Hilary Clinton. I'm all in favor of elimtanitng the electoral college.