In The New Yorker, I take on Clarence Thomas’s contributions to this last term of the Supreme Court: The most powerful Black man in America, Thomas is also our most symptomatic public intellectual, setting out a terrifying vision of race, rights, and violence that’s fast becoming a description of everyday life. It’s no longer a matter of Clarence Thomas’s Court. Increasingly, it’s Clarence Thomas’s America. I focus on the abortion and gun rights decisions, and try to limn their meaning for our moment. In the face of a state that won’t do anything about climate change, economic inequality, personal debt, voting rights, and women’s rights, it’s no wonder that an increasing portion of the population, across all races, genders, and beliefs, have […]

1. The Supreme Court has always been the scandal of American democracy. How do you justify the power that nine unelected judges—almost all of them, historically, white men—wield in a society that styles itself a democracy? 2. That scandal reached a peak in the last third of the twentieth century, when a combination of hard-right judicial theorists (Robert Bork and Antonin Scalia among them) and nervous liberals started worrying about what was called “the counter-majoritarian difficulty” or the “counter-majoritarian dilemma.” 3. The result of that reconsideration of the Court and judicial review was, among other things, the theory of constitutional interpretation that we call originalism. Originalism held that the only justification for the Court reviewing and overruling the decisions of […]

We’ve now had, in less than 20 years, two presidents elected over and against the expressed preferences (not in a poll, but in actual ballots) of the majority of the voters. I think most Democrats, liberals, and leftists would agree that both of these presidents were or are disasters. So these two elections were democratic catastrophes on both procedural and substantive grounds. Yet the single most important determinant of these two disasters—the fact that we have a Constitution that creates an Electoral College that privileges the interests of states over persons—cannot, by the terms of the discourse, be counted as a norm erosion. Indeed, when it comes to this main determinant of the Electoral College and how it works, there […]