Opinion by Perry Bacon Jr.: Enough with the “let me show how not liberal I am” performances from powerful elites. Our democracy is at stake.
But I think the most important explanation is simple elitism. Institutionalists worked hard to enter America’s bipartisan elite,and they value that status. Admitting that the Supreme Court has become highly partisan would diminish Breyer’s. Admitting that the main divide in the legal world is between conservatives and liberals, not super-smart people and those who aren’t quite as smart, isn’t that useful for a Harvard law professor.
Before I became a columnist, I personally felt real tension around this issue: How could I speak honestly about how I see the Republican Party and still advance my career as a nonpartisan reporter? This is something a lot of journalists, particularly those of color, have felt the past several years as institutionalists — disproportionately White — in the media have often suggested that the press is divided between left-wing partisans and neutral observers.
Second, by building up and supporting alternative institutions and people. Analysis of the Supreme Court was once dominated by lawyers who regularly argued before the court, former Supreme Court clerks and people who teach at law schools like Harvard and Yale. This legal elite, heavily invested in the court’s legitimacy and power, consistently played down the rightward shift of the court.
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