The first Monday in October came and went earlier this week. With it the 2017 Supreme Court term began. I have some thoughts. Read on, s’il vous plait.
The Supreme Court exists as an anti-democratic institution, created by and through an anti-democratic Constitution. The people play no direct role in the selection of Supreme Court justices. Only because of the 17th Amendment to the Constitution—ratified 125+ years after the 13 states ratified the Constitution—do we elected directly United States Senators, who provide advice and consent with respect to individuals nominated to serve on the Court. That’s as close as we get to a direct role, for even in electing the president who nominates justices, votes mean more in one