Epilogue to Previous Post
The Supreme Court We came close to a constitutional crisis of legitimacy once before. Richard Hanson writing for the Atlantic notes that it was the third branch of the American polity that settled the month-long dispute between Al Gore and the younger Bush over Florida’s electoral results. It was Bush vs. Gore that settled the matter in Bush’s favor. Future historians might see that as a tipping point, when the legitimacy of the Supreme Court first called itself into question. It was followed by the Senate’s refusal, under Mitch McConnell, to consider Obama’s appointment of centrist Merrick Garland and the subsequent appointment of conservative Neil Gorsuch. As Hanson notes, “although McConnell justified his delaying tactics by citing the ‘Biden Rule’ not to confirm a Supreme Court justice in the last year of a presidency, he has now reversed himself and says he would hold a confirmation hearing should a justice leave the Court in the run-up to th...