The failure of the “common sense will eventually prevail” approach
For a long time, the dominant theory of the pundit class was that at some point, the center had to hold. The Republican Party couldn’t keep becoming more extreme and continue to win elections. Eventually, moderate Republican voters would have to abandon the party. Democrats would win again. And the GOP would be forced to tack back to the political center to become competitive again. Normalcy would return. The problem with this theory was that it didn’t happen.
Personal political ideology and religious bias now loom over Supreme Court decisions. When the Framers created three co-equal branches of government in the new Constitution, they presumably gave the Supreme Court the final word on its interpretation. They expected the Court’s decisions to be apolitical, and we, the citizens, have held to that ideal. We trusted decisions would be unbiased and untainted by a Justice’s personal ideology or religious beliefs. In fact, this was largely the case; and when the Court went astray on occasion, those decisions were ultimately reversed—in some instances, many years later.
This century has shattered that expectation. For those that pay attention, it has been disheartening to watch as decisions are made that clearly signal the end of an unbiased court. Justice Samuel Alito has openly expressed his personal views on issues that have and will come before the Court. Justice Amy Coney Barrett has written publicly about her religious and conservatives' beliefs. Personal political ideology and religious bias now, more than ever before, loom over Supreme Court decisions.
As we look to the Supreme Court of the near future, I expect there will be more instances of ideological and religious bias. There is much to support this conclusion based upon the actions of the Senate Majority Leader, Mitch McConnell, validated by President Trump. After the death of Justice Antonin Scalia in February 2016, McConnell prevented President Barack Obama from appointing a replacement. He cited the non-existent election year policy of allowing the incoming president to fill the vacant seat. Of course, that specious policy disappeared after the death of Ruth Bader Ginsburg, allowing Trump to appoint her replacement, Amy Coney Barrett. She joins two other Trump appointees, Neil Gorsuch and Brett Kavanaugh, all of whom have voting records of strong conservative political views.
