Tuesday, October 27, 2020

Opinion Today: How did we get here?

And six ways to fix it.

By Ezekiel Kweku

Politics Editor, Opinion

The weekend before I joined The Times Opinion team, Ruth Bader Ginsburg died. Upon hearing the news, I first felt a somber appreciation for Justice Ginsburg’s life and influence, followed closely by ruefulness about how the already tumultuous environment in which I’d be starting my new job would become even more intense. Then I was struck by how enormously consequential this death was — and how wrong the sheer scale of it seemed.

It is not surprising that an 87-year-old American woman would die, even one as indomitable as Justice Ginsburg. A glance at the actuarial tables would tell us that. And yet the arbitrary timing of her passing was monumental, a cusp upon which whole decades of history would turn. Our political institutions, in fact, had systematically entrusted deeply important, fundamental decisions that would affect the lives of hundreds of millions of people to blind chance. It seemed to be a sign that something was off-kilter.

This, of course, is the moral intuition of a simple newspaperman, not substantive analysis grounded on legal theory or political history. But the nice thing about being an editor is that I can ask the people who know things what they know — and find out if there is something to my intuition. And the nice thing about being an opinion editor is that I can ask those same people how things could be brought back into balance, how the Supreme Court ought to be returned to its proper shape and size.

That is how today’s special package, “How to Fix the Supreme Court,” came into being. It contains six pieces each pitching an idea for how to reform the court, plus two more crucial components. The first is an essay from New York Times Magazine’s Emily Bazelon describing the history that has led us to this point, and a conservative dissent from the idea that the court should be reformed at all, from Randy Barnett.

I hope you find the project interesting and informative. I’ll see you in these pages after the election — happy voting!

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