Brett Kavanaugh, the Supreme Court, and the End of Legal Neutrality

Schultz, David

Publisher:  Counterpunch
Date Written:  09/10/2018
Year Published:  2018  
Resource Type:  Article
Cx Number:  CX23005

The Brett Kavanaugh Supreme Court hearings destroyed any surviving myth of legal neutrality. Shultz explains why this may be a good thing, because it is time to recognize that the Supreme Court and its Justices are not politically neutral and that neither should they be.



Brett Kavanaugh is the perfect embodiment of the Supreme Court's bias. He will be yet another Justice from an elite Ivy League Law school, a graduate of an Ivy League undergraduate institution, a product of a private prep school. He has entitlement written all over his face, but collectively so does the entire Supreme Court. Even its so-called liberal members represent an elite hardly representative of American society, rarely challenging the core capitalist power and values that give meaning to the Constitution and the law. The Kavanaugh ascension and coronation to the Court have perhaps finally stripped the myth of legal neutrality from the Court, making it clear that it is another face of power and politics.

Stripping away this will scare many, but it should be a wake up call. For too long progressives and Democrats have placed faith in the judiciary as the final bastion of protection for them when it comes to reproductive rights, civil rights, and other personal and political freedoms. They foolishly hoped what Alexander Hamilton once called the "least dangerous branch" would be powerful enough to check the other institutions and provide blind justice for all. That belief should now be gone.
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