Save the Supreme Court and democracy

Abstract

The US Supreme Court has been busy. It recently overturned a nearly 50-year-old precedent protecting abortion rights, upheld the right to carry guns outside the home, and hamstrung the Environmental Protection Agency's ability to regulate emissions-all while signaling an aversion to contemporary empirical evidence and instead favoring "history and tradition." Although the majority of Americans disagree with many of these decisions, the court has only just begun to reshape the country. When it resumes in October, the court will be poised to outlaw affirmative action, undercut federal regulations regarding clean water, and possibly allow state legislatures to restrict voting rights without oversight by state courts. What explains the court's shift to an ideological extreme, and what can be done about it?