Supreme Court's Anti-Democratic Power Examined in New Books

Harvard law professors Nikolas Bowie and Daphna Renan have authored 'Supremacy,' while Cass R. Sunstein presents 'Separation of Powers,' both of which scrutinize the Supreme Court's influence on American democracy. Bowie and Renan contend that the Court's ability to nullify federal laws (horizontal review) has often led to regressive outcomes, from upholding slavery to invalidating progressive laws. They chart this authority from Marbury v. Madison to the Lochner period and advocate for Congressional empowerment. Sunstein, in his M.I.T. published work, draws parallels between today's political climate and the Nazi era, urging for a robust, independent judiciary. A review in The New Yorker notes that despite Republicans appointing two-thirds of Justices while winning the popular vote less than a third of the time, Democrats are increasingly discontent with the Court's conservative bias, especially as Biden suggests term limits for Justices, a proposal rejected by Republican House Speaker Mike Johnson. The review also reflects on historical cases like Dred Scott and Brown v. Board of Education, alongside the ongoing discourse on judicial supremacy versus majority rule.