In his new book, “The Case Against the Supreme Court”, 2014, leading Constitutional scholar Erwin Chemerensky makes his case: that the Supreme Court throughout its long history has failed in the basic mission envisioned for it by the Founding Fathers, to protect the rights of the minority against the power of the majority and the state. In making his arguments, the author cites case after case, from Dred Scot to Plessy v Furguson to Citizens United, pointing out how consistently the Court has ruled in favor of big business, big government, the military establishment and the rich and powerful against the rights of the poor, the minority and the disenfranchised.
Erwin Chemerensky is the founding Dean and distinguished Professor of Law and Raymond Pryke Professor of First Amendment Law at the University of California, Irvine. He is the author of the leading text used in law schools throughout the country on Con Law and has argued several cases before the Supreme Court. He brings to this subject a perspective that few can match. And his premise, that the court doesn’t work as it was supposed to, is shared by many. Brilliantly analyzing the factual and legal underpinnings of scores of Supreme Court cases, the Professor proves his case, that the Court expresses through its decisions a desire to protect business, government, and a hostility to individual rights, voting rights,class action suits, campaign finance reform, and other worthy legal causes of action.
The Professor, in this interesting and informative work, has some constructive ideas such a new way to select the justices as well as putting term limits in place, so justices can’t serve for as long as they do now. This book is a required read for lawyers and citizens interested in how this famous and often controversial institution operates. For more on the Professor and his book listen to my interview with him on my show “Justice for All”