Abstract
This article explores the role of the U.S. Supreme Court in contemporary democratic backsliding. I identify three dynamics that have placed American democracy under strain: (1) the incomplete democratization of national institutions created in 1787; (2) a half century of rising inequalities in wealth, market power, and political influence; and (3) a resurgence of intolerant, authoritarian, white-ethnic identity politics associated with the Republican Party. I argue that the Court has proved itself to be capable of creating linkages between these distinct institutional, economic, and sociocultural domains. In doing so, the Court has enabled the transformation of economic or sociocultural power into durable political power and the transformation of political power into the entrenchment of a “permanent minority” immured from democratic defeat. I describe specific doctrinal mechanisms by which this arbitrage role is performed, showing how the Court can be a vector of democratic backsliding.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: The ANNALS of the American Academy of Political and Social Science
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
