How Supreme Is the Court?
We’ve heard a lot of judge’s names lately — Scalia, Kavanaugh, Ginsburg and of course Barrett. It would do for us to hear the names of some others. Learned Hand, Hugo Black, Thurgood Marshall and most importantly John Marshall the third chief Justice who have us the modern Supreme Court.
First let us disabuse ourselves of the thought that the court and politics never mix. They started to do so under Marshall and the mixing was done deliberately. To be shocked by the politicizing of things to do with the court, and even its opinions, is not to know one’s history.