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The Supreme Court Has Always Been Political: Stephen L. Carter

May 5, 2022, 3:30 PM

In the swirling days since what I suppose we should just call The Leak, a significant theme has been the argument that the Supreme Court has grown deeply politicized. But there never existed a golden age when the court was anything else.

To call the court politicized is to make two separate charges: First, that partisans have successfully packed it with those who will vote a particular ideological line; second, that the justices themselves, busily pursuing ideological agendas, consider the political implications of their work.

Neither is new.

Demanding a court full of ideological conformists is a longstanding American tradition. ...

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