Bowie's comments reflect a growing progressive skepticism about the Supreme Court's powers, a trend that may have started when the court struck down part of the Voting Rights Act in 2013, and accelerated over recent years as Republicans cemented a 6-3 supermajority on the high court, jump-started by their refusal to hold a vote on Merrick Garland's 2016 nomination to court. After last Thursday's controversial voting rights decision, Democrats are even more motivated to rein in the court. "The United States may not be a 'pure democracy,' but it's not a judgeocracy either," The New York Times' Jamelle Bouie wrote last year. His complaint echoed Republican cries of "judicial activism" and "judicial tyranny" that were common as recently as 10 years ago, when gay marriage was advancing in the courts, but which seem to have mostly subsided as the court's conservatives fortified their power.
The current debate raises a few questions. If the Supreme Court didn't have the last word on Constitutional disputes, who would? (Bowie noted that the U.K. and Switzerland are democracies that have done fine without similarly empowered courts.) And how, exactly, could judicial review be ended? SCOTUS is unlikely to reverse Marbury on its own — who gives up their authority willingly? — and a Senate that can't even fix itself by undoing the filibuster probably won't find a way to radically recompose the court's powers.
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