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Commentary By Ilya Shapiro

Contempt of Court

Governance Civil Justice

Deep into the summer after a historic Supreme Court term, the Left’s criticism of the court is unrelenting — and in need of a thesaurus. The word “rogue” has been used to describe not only the high-profile rulings on religion, environmental regulation, guns, and, of course, abortion, but also decisions on Indian law and Miranda rights, the court’s supposed threat to same-sex marriage, and how it’s “stacked with fanatics and lunatics.” “The Supreme Court Has Gone Rogue,” proclaimed MSNBC. Rep. Alexandria Ocasio-Cortez (D-NY) demanded that Democratic Party leaders “share their plans” to solve the problem of “a rogue court.” Sen. Elizabeth Warren (D-MA) chimed in: “Congress must protect our democracy from this rogue Court.” The Congressional Progressive Caucus put out a statement insisting, "We must hold these rogue justices to account.”

And what would they like to be done about it? “The Constitution provides a number of paths by which Congress can restrain and discipline a rogue court,” suggested New York Times columnist Jamelle Bouie at term’s end, enumerating possible types of legislation (plus impeachment). Paying attention was none other than Sen. Sheldon Whitehouse (D-RI), who recently introduced a Supreme Court Review Act to “check the Court’s rogue decisions.”

Continue reading the entire piece here at the Washington Examiner


Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here

This piece originally appeared in Washington Examiner