“Appoint a few more Scalias, kiss democracy goodbye”

I have written this oped for Reuters Opinion. It begins:

Republican presidential candidates such as Senator Ted Cruz (R-Tex.) have pledged to appoint a justice like Antonin Scalia to the U.S. Supreme Court, if given the opportunity. Yet Scalia’s record on issues related to American democracy and elections was dismal — even when judged against the standards of the conservative Roberts court.

Placing a few more Scalias on the Supreme Court would likely put America’s current participatory democracy at risk….

There was only one respect in which Scalia took a democracy-protecting position in election cases. Splitting with fellow conservative Thomas, Scalia was a strong believer in the value of disclosure of those funding U.S. elections. He famously wrote: “For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously (McIntyre) and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.”

Ironically, this is the one case where Cruz might disagree with Scalia because the senator supports the right to undisclosed spending. Indeed, should Cruz win the 2016 presidential election, the next justice he appoints could be well to the right of Scalia on issues of democracy.

So, the nation would see that there is room to roll back voting rights even further than Scalia would have gone — or where the court has already gone.

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