Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law.
In this short and very accessible work, Millhiser focuses on four facets of the court’s current and future jurisprudence: the right to vote, the dismantling of the administrative state, religion and the right to sue. It is a bit surprising that Millhiser, a senior correspondent at Vox, does not address such issues as abortion rights, gay rights and affirmative action ... In light of the current makeup of the court, this trend toward allowing manipulation of the electoral process to benefit Republican candidates is likely, Millhiser predicts, to escalate. The new Georgia law on voting, which has generated a great deal of controversy, is an example of what Millhiser anticipates and fears ... Millhiser analyzes what he sees as a cynical and unprincipled approach by Republican-appointed justices to manipulate the law to serve their own and their party’s interests by overruling prior Supreme Court decisions and dismantling federal agencies dealing with such issues as clean power, health care and homeland security, on the theory that it is unconstitutional for Congress to delegate such responsibilities to the executive branch.
This short, powerful new book by the legal journalist Ian Millhiser pinpoints the gigantic threat that could thwart most of the progress embodied in those two pieces of landmark legislation: the new 6-3 conservative majority on the supreme court ... Writing clearly and succinctly, Millhiser dissects many of the worst opinions the modern court has rendered about voting rights, administrative law, religion and forced arbitration. After reading his cogent arguments, it becomes perfectly obvious why he thinks it’s necessary to end 'with a note of alarm' ... Millhiser does an especially good job of explaining the catastrophic effect of Roberts’ decision to no longer allow the justice department to require local jurisdictions to submit proposed voting rights law changes before they go into effect ... Millhiser’s book is bulging with examples that prove that the same Republican justices who proclaim the need to rein in the executive branch whenever there is a Democrat in the White House have no trouble at all ignoring their imaginary 'judicial philosophies' – as soon, say, as a Republican such as Donald Trump asserts a unilateral right to ban Muslims from entering the US ... This great short book makes it clear that the breadth of the new commission’s ambitions and the success of the Biden administration in carrying them out will be more important to our nation’s future than everything else the president and Congress accomplish.
A biting critique of the current Supreme Court ... Lawyer Millhiser, a senior correspondent at Vox and senior fellow at the Center for American Progress, argues persuasively that the Supreme Court, with its 6-3 Republican majority, 'is potentially an existential threat to the Democratic Party’s national ambitions—and, more importantly, to liberal democracy in the United States.' ... Millhiser looks closely at salient cases in four areas that reveal the court’s conservative bias: voting rights, limitations on federal power, expression of religion, and the right to sue ... A cogent, timely warning about the fragility of American democracy.