FireHouse Casual

Progress Without Politics

I reviewed Notorious RBG: The Life and Times of Ruth Bader Ginsburg for Jacobin. Here’s a taste:

The Warren Court’s victories in taking on segregation, civil liberties restrictions, and invasive policing tactics prompted a legalistic turn in liberal political strategy. Judicial review — once regarded as a tool of reaction and a barrier to reform — became more attractive as a method for achieving political goals. The Supreme Court’s higher political profile turned judicial appointments into valuable prizes.

Liberal intellectuals abandoned skepticism about judicial review (the Court’s role in tilting labor relations in favor of capital, and in thwarting of New Deal legislation, was no longer dwelt upon) and instead offered full-throated defenses of judicial supremacy: the view that only the Supreme Court can make authoritative interpretations of the values embedded in American public law.

Ever since, this turn toward legalism has furnished the hope that, even if liberals are unable to accomplish their policy goals through collective action, they can achieve them simply by being right. Judicial review by liberal justices is the alchemy through which attitudes and preferences may be transmuted into policy without organization, confrontation, or uncertainty — without politics.