What is to be done? ... there's a phrase.
Hundt goes on:
Congress can launch legislative remedies against much, although not all, of what this Court does. It also can expand access to courts, use the Senate confirmation process to challenge anti-progressive nominations, couple judicial salaries with retirement so as to encourage a new and young generation of law professors to go to the bench.What got into him? Apparently, he's exercised over the voter ID case, which was argued in the Supreme Court this week. Predictions are that the Court won't stop Indiana from requiring a photo ID. (Yes, I know it's a dispute between two political parties, but Indiana made its choice, and it's not unconstitutional.)
Mostly, Congress can rise to the challenge posed by this Supreme Court to the American Dream. In an age of rising inequality and irresponsible governance, it is critical that Congress not tolerate the Court's roadblocks to progress.
Meanwhile, over on Andrew Sullivan's blog, we see a "Dissent of the Day" from a reader who won't vote for Obama because Obama voted against the confirmation of John Roberts, who was "clearly an outstanding candidate, perhaps one of the best ever nominated."
This makes me look back to what I said at the time of the confirmation:
As to those 22 Democrats who voted no, they have openly embraced an ideological view of the Court from which they can never credibly step back. For them, appointing Supreme Court Justices is a processes of trying to lock outcomes in place, and we shouldn't believe them if in the future they try to say otherwise.
[In my comments persona] Roberts is ... stunningly, brilliantly qualified. You can't vote against what he is without permanently branding yourself an ideologue who does not respect judicial independence. I'm disgusted with all 22 of those characters. They have abused their constitutional power, and I won't forget it when they run for President.
ADDED: Here's a letter the NYT published about the case (from one Mark Kraemer):
That the court would even consider validating these new, onerous voter ID rules exposes the hypocrisy of the Supreme Court today (whatever happened to “judicial restraint”?). It also illustrates that Republican partisanship has infested our legal system at its highest levels. Our nation must act in the next election to fight this corruption of our judiciary.Whatever happened to judicial restraint?! (And I know why you put it in quotes. You think it's a smokescreen for conservative decisions.) Judicial restraint is about leaving the results of the political process in place, which is exactly what would happen if the Court declined to strike down the state law. So where's the hypocrisy? Corruption? What on earth are you talking about, and why does the NYT publish drivel like that?