Just when you think you’ve seen the worst of 2020, it hits us with something else. Friday, Ruth Bader Ginsburg died, sparking yet another Supreme Court nomination battle and threatening to cement Trump’s legal legacy with a 6-3 conservative majority.
At moments like this, it’s tempting to indulge in speculation: What will Trump and McConnell do? What tactics can the Democrats use? How will the battle affect the presidential election or the various Senate races? I can’t totally resist that urge myself, but I recognize it as mostly a waste of effort: We’ll know soon enough, and whether we have speculated right or wrong probably won’t help us respond.
What I want to do instead this morning is use the Court as an example of a larger point: We are living under a system of minority rule. Because of the Electoral College, we elected a president with only 46% of the vote, in spite of another candidate getting 48%. The institutional structure of the Senate, meanwhile, inflates the value of rural conservative votes, so that Mitch McConnell can be “majority” leader, in spite of the fact that his senators represent a minority of the nation’s population.
Because the House plays no role in choosing federal judges, McConnell and Trump are able to pack the judicial branch with conservatives who not only are out of step with a majority of the country, but who in turn reinforce minority rule by refusing to protect voting rights.
I’ll flesh that argument out, with a little quantitative help from Nate Silver, in this week’s featured post “The Illegitimacy of a Conservative Supreme Court”. That should be out around 11 EDT.
The weekly summary will mourn Justice Ginsburg, indulge in some speculation about what happens next, and try to at least touch the bases on the week’s other major stories. That should be out by 1.