“The Supreme Court’s Blind Spot: Understanding How Democracies Function”

Senator Sheldon Whitehouse has written this oped in the NLJ:

One need look no further than the Supreme Court’s disastrous decision in Citizens United v. Federal Election Commission and the constellation of cases that followed. These decisions have allowed the “tsunami of slime” of dark money, Orwellian “social welfare groups,” and the endless cycle of negative campaign ads to wreak havoc on our political system.

This result would have been clearly predictable to anyone with experience of the political fray, and the death grip that money can have over elections. But the Citizens United court, made up primarily of justices whose professional life experience has mostly consisted of waiting to be on the Supreme Court, was oblivious.

Today we have a Supreme Court institutionally clueless on the realities of workaday democracy and politics. Experience might have constrained the rash and mistaken leaps taken by the Citizens United majority; with experience, the dissenters might have mounted a better defense.

Share this: