Geoffrey Stone Reviews New Book "The Agenda"

Seeing a Threat to Democracy in a Conservative Supreme Court

In “The Agenda: How a Republican Supreme Court Is Reshaping America,” Ian Millhiser examines the current makeup of the Supreme Court and how it is likely to affect our democracy. This question is especially important in light of the wave of Republican state legislation designed to undermine the voting rights of racial minorities and other supporters of the Democratic Party. At this pivotal moment, the core precepts of our democracy are once again at risk. Will the Supreme Court live up to its essential responsibility to protect our profound constitutional commitment to democracy and equality?

In this short and very accessible work, Millhiser focuses on four facets of the court’s current and future jurisprudence: the right to vote, the dismantling of the administrative state, religion and the right to sue. It is a bit surprising that Millhiser, a senior correspondent at Vox, does not address such issues as abortion rights, gay rights and affirmative action. Although he holds out little, if any, hope that the current Supreme Court will act appropriately with respect to those matters, he maintains that, in terms of our democracy, they are less important than the four issues on which he focuses.

The most discomforting of those is the right to vote, which, of course, lies at the very heart of our democracy. At the center of today’s crisis are the ever-more-aggressive efforts of Republican legislatures to find ways to effectively disenfranchise Democratic voters — and especially Black voters. In recent years, the Roberts court has often evaded its responsibilities in this realm. In Crawford v. Marion County Election Board, for example, the court in 2008 upheld an Indiana voter ID law that would clearly have a disproportionate effect on Black voters, even though there was no evidence that the law would meaningfully deter voter fraud.

Read more at The Washington Post

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