Document Type

Essay

Publication Title

Emory Law Journal Online

Abstract

Constitutional law is in crisis. The 6-3 conservative majority of the Supreme Court has generally produced the desired results of the current Republican Party. This has led to calls of illegitimacy, activism, and partisanship from left-liberal and progressive scholars and politicians. In 2024, Jesse Wegman published an opinion essay in the New York Times documenting these criticisms from progressive law professors. In this essay, I argue that there is nothing unique about the current crisis. Rather, the political nature of cases is a result of “juristocracy,” which knows no party. In light of this, I provide important context and argue for more principled views on the current Supreme Court on the part of liberals and progressives. Finally, I propose several suggestions for progressives who teach constitutional law while strongly disagreeing with the results.

First Page

48

Publication Date

3-5-2025

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