“I think the difference is that the Court is now much more committed to law at the expense of politics than any time in our memory, and indeed for decades before that.” In contrast, William Baude of the University of Chicago Law School said he believed the Court is encountering pushback because it has been applying the law as it views it. “It’s important that we recognize how, over time, that has calcified in ways that are now forcing this Court to overturn precedent that we’ve come to rely on.” “This Court has been politicized for some time,” said panelist Janai Nelson, president and director-counsel of the NAACP Legal Defense Fund. But while many of the panelists agreed that politics had influenced the trajectory of the Court, they differed on how and why. What is the relationship between politics and the Roberts Court, and is it different from the way the Supreme Court of the United States has traditionally operated? At a virtual discussion held by Harvard Law School on Monday, panelists debated whether political ideology has helped shape the Court’s recent decisions on topics like abortion, gun rights, and election and voting law – and where to go from here.
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