So, while the Democrats' Presidential prospects may be encouraging for them, are they actually in denial about their real problems? And/or is there another way out of their current morass?
Ian Millhiser, journalist, Constitutional law expert and author of the new book, Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, joins us to discuss what may be the Democrats' best way out of the mess: The U.S. Supreme Court and as many as four vacancies that may occur on the bench during the next Presidency. "The Future Of The Democratic Party," he wrote recently, "Will Be Decided By The Supreme Court."
"A big reason why Democrats are so far underwater when it comes to state legislative races, when it comes to House races, is because of the Supreme Court," Millhiser tells me on today's show. "The Supreme Court has ordered the lower federal courts not to even look at partisan gerrymandering cases. They're not allowed to even consider them under existing Supreme Court doctrine."
Millhiser goes on to explain how the Court's recent rulings on voting rights have also made things far more difficult for Democrats. SCOTUS, he argues, "isn't enforcing the Constitution and at other times its mangling the Constitution."
"The situation Democrats find themselves in is due to a number of problems layered on top of each other, many of which are at the fault of the Supreme Court. Many of these problems could be solved if we had a Supreme Court that was prepared to give us fairer elections," he notes. With as many as four — four — seats potentially becoming vacant on the Court during the next Presidency, the party that controls the White House as of 2017 will have an enormous opportunity to affect what happens in this country for generations.
While both major parties often use the potential for Supreme Court vacancies to underscore the importance of controlling the White House, Millhiser explains the reasons — and there are many — why the 2016 election really is different from recent elections where that argument has been offered. "If the Supreme Court gets even more conservative," he warns, "then you're looking at an apocalypse for the Democratic Party."
Also today: Elephants murdered in Zimbabwe; GMO labeling hypocrisy; Colbert takes on vegetarians after bad news about smoke meats and much more…
You can find Brad’s previous editions here.
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