The American Revolution Was a Mistake

An editorial criticizes Supreme Court reform and expansion, framing court packing as a return to banana republic politics and a threat to judicial independence. The criticism relies on dismissive language aimed at Kamala Harris, using her remark that there are “no bad ideas” for court reform as a basis for sexist insinuations. The argument claims that subordinating the court to a political party would destroy a bulwark against tyranny. A counterpoint emphasizes that disagreement with recent decisions is not merely ideological for many people, because rulings affect life and death for trans people and for women in states where pregnancy-related rights are restricted.

"The editorial board of Jeff Bezos's Washington Post dedicated an entire editorial over the weekend to criticizing Supreme Court reform and expansion. The piece is titled "The Court Packing Comeback," which might make you think it will offer a balanced look at the surging popularity of court-expansion proposals, but the URL tells you what the editorial board is really after. It reads: " kamala-harriss-mindless-flirtation-with-court-packing.""

"Beyond this base and gross sexism, the editorial board marshals, dare I say, mindless tripe to defend the current court set-up. Here's the basic premise: "No matter how much someone disagrees with recent decisions by the high court, threatening to subordinate judicial independence to the whims of a political party befits a banana republic. Turning the court into a partisan plaything would destroy one of America's strongest bulwarks against tyranny.""

"Let's do a close read: "No matter how much someone disagrees" is a phrase intended to minimize the horror of the Supreme Court's recent decisions. I will stipulate that for your average cis-hetero white Washington Post editorial writer, the court's decisions are, at worst, disagreeable. But for many of us, these decisions are matters of life and death. They certainly are for the trans people the Supreme Court is trying to erase. And for the women who live in states where their lives cease to matter the second they get pregnant."

Read at The Nation