With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights.
The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?
David A. Kaplan is the former legal affairs of Newsweek, where he covered the Court for a decade. His other books include "The Silicon Boys," "The Accidental President," and "Mine’s Bigger." A graduate of Cornell and the New York University School of Law, he teaches courses in journalism and ethics at NYU.
His new book is "The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution."
