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The Rule of Law Requires Constraining a Corrupted High Court

WASHINGTON, DC - MARCH 01: U.S. Supreme Court Justices (L-R) Amy Coney Barrett, John Roberts, Brett M. Kavanaugh and Stephen G. Breyer attend the State of the Union address by President Joe Biden to a joint session ... WASHINGTON, DC - MARCH 01: U.S. Supreme Court Justices (L-R) Amy Coney Barrett, John Roberts, Brett M. Kavanaugh and Stephen G. Breyer attend the State of the Union address by President Joe Biden to a joint session of Congress in the U.S. Capitol House Chamber on March 1, 2022 in Washington, DC. In his first State of the Union address, Biden spoke on his administration’s efforts to lead a global response to the Russian invasion of Ukraine, work to curb inflation, and bring the country out of the COVID-19 pandemic. (Photo by Saul Loeb - Pool/Getty Images) MORE LESS

By Josh Marshall

July 11, 2022 11:22 a.m.

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Late last week as we were discussing Roe, the corruption of the Court and various avenues to constrain that corruption, I got a series of emails from TPM Reader lawyers experiencing what amounts to a crisis of faith in the assumptions of their profession. They were remarkably similar. It was clear the debate had struck a very particular nerve.

So, for instance, TPM Reader SB wrote saying he entirely agrees with the need to codify Roe and if necessary take further steps to constrain the Court if they then strike down such a codification. But then he added this.

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