It’s time to say it: the US supreme court has become an illegitimate institution | Jill Filipovic

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With its decision on Roe v Wade, the court has signaled its illegitimacy – and thrown the American project into question

Photograph: Anadolu Agency/Getty ImagesPhotograph: Anadolu Agency/Getty Imagesshould officially be understood as an illegitimate institution – a tool of minority rule over the majority, and as part of a far-right ideological and authoritarian takeover that must be snuffed out if we want American democracy to survive.

Two were appointed via starkly undemocratic means, put in place by bad actors willing to change the rules to suit their needs. Neil Gorsuch only has his seat because Republicans, led by Mitch McConnell, blocked the ability of Barack Obama to nominate Merrick Garland – or anyone – to a supreme court seat, claiming that, because it was an election year, voters should get to decide.

This raises a fundamental question: can a country be properly understood as a democracy – an entity in which government derives its power from the people – if it subjugates half of its population, putting them into a category of sub-person with fewer rights, freedoms and liberties?

 

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