The conservative takeover will be complete.
Imagine a Democratic presidential nominee running on promises to reshape, remake, make over, hog-tie, or even just refinish the federal bench. It doesn’t happen. And so, even though the most conservative Supreme Court in decades sits poised to decide cases ranging from the constitutionality of President Obama’s health care legislation to the future of affirmative action in schools, the rights to gay marriage, and the fate of the voting rights act, Republicans portray both the Supreme Court and the lower courts as a collective of lefty hippies. And Democrats mainly just look at their fingernails. If you care about the future of abortion rights, stem cell research, worker protections, the death penalty, environmental regulation, torture, presidential power, warrantless surveillance, or any number of other issues, it’s worth recalling that the last stop on the answer to each of those matters will probably be before someone in a black robe. Republicans have understood that for decades now, and that’s why the federal bench—including the Supreme Court—is almost unrecognizable to Democrats today.
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