He Promised This: Bush's Supreme Court Appointees Begin to Unravel Decades of Progressive Rulings
As he ran for president in both 2000 and 2004, many of us on the left took serious notice of George W. Bush's repeated promise to appoint "strict constructionist" justices in the likeness of Antonin Scalia: justices, he promised, that would not "legislate" from the bench. Now, as we struggle to digest the significance of the rulings from the just-ended Supreme Court term, it looks as if Mr. Bush was true to his word: the Roberts Court, with his two conservative appointees, is slowly undoing many of the most important precedents set for justice and progress in the last half century.
How much is the court changed from the one that came before? Consider that Chief Justice John Roberts noted himself last week that his interpretation of the landmark case Brown vs. Board of Education stands in contrast with the interpretation of prior courts (even, it appears, the right-of-center Rehnquist court). Since the landmark decision in 1954, the court has consistently recognized that the state has a legitimate interest in integrating the nation's schools. Though there had been some disagreement on the court regarding the best way to achieve integration, the majority of the court has always held that integration is a worthy goal for the government to pursue, and the court consistently led the way as the driving force. Until now.
How much is the court changed from the one that came before? Consider that Chief Justice John Roberts noted himself last week that his interpretation of the landmark case Brown vs. Board of Education stands in contrast with the interpretation of prior courts (even, it appears, the right-of-center Rehnquist court). Since the landmark decision in 1954, the court has consistently recognized that the state has a legitimate interest in integrating the nation's schools. Though there had been some disagreement on the court regarding the best way to achieve integration, the majority of the court has always held that integration is a worthy goal for the government to pursue, and the court consistently led the way as the driving force. Until now.
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