Brian Fallon, a former aide to Chuck Schumer and Hillary Clinton, speaks to chrissmithnymag about escalating the fight for court reform.
But for the past four years, he has been a ferocious—and prescient—outsider, launching the advocacy group Demand Justice and criticizing his own party nearly as strongly as he goes after Republicans. Demand Justice helped push the successful nomination ofit is cultivating a diverse slate of candidates for spots on state and local benches; and it was ahead of the curve in loudly calling for the end of the legislative filibuster and for the expansion of the Supreme Court.
Party leaders and Democratic voters have deferred to the views of legal elites in the Democratic Party, progressive legal elites that have litigated before the Supreme Court as the heads of appellate practices of big white shoe law firms. All of whom are progressive in their politics, but all of whom have always bought into, no matter what, the mythology of the Supreme Court as an apolitical institution, even as decisions that should have been viewed as break glass moments — like Bush v.
Our approach [at Demand Justice] has been to try to be an insurgent and say, No, the whole thing is not on the level. And the people that tell you otherwise are just captive to the institution. The more we blind ourselves to the reality that the court is a political actor, the more we leave ourselves vulnerable to the court being weaponized against us. We have to engage.
Which has led you to do things that have pissed off the Democratic establishment—like publicly call for 82-year-old justice Stephen Breyer to retire—and things that are clever stunts—like posting giant billboards showing video of Christine Blasey Ford outside a Federalist Society dinner honoring Brett Kavanaugh. So do you approve of the protests outside Kavanaugh’s house?
I don't question other people organizing them, as long as they're peaceful. This is a branch of government that is totally unaccountable and walled off from the public, whose proceedings are totally untelevised, that doesn’t have a code of ethics that imposes any requirements on recusal decisions.
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