Unethical Delay and Political Influence

This week, Matt and Brian explore the revelation that Justice Samuel Alito flew a Stop the Steal flag over his house in the days after January 6 as a window into broader differences between the right and left. For instance:

* Why are Republican-appointed judges so often former Republican operatives, while Democratic-appointed judges hail from Big Law or academia or various prosecutors offices;

* Is Alito remorseless because he’s a good Federalist Society soldier, or because he knows Democrats in Congress won’t even try to hold him accountable?

* Are Democrats really so habituated to GOP dominance of the Supreme Court, and to the Court being a more galvanizing issue for Republicans, that they’ve forgotten liberal anger over the Garland seat, and the Ruth Bader-Ginsburg seat, and the decision in Dobbs?

Then, behind the paywall, Brian and Matt rant about the failure of both Democratic leaders in Congress, liberal justices, and progressive issue activists to take the fate of the court seriously. Why doesn’t Sonia Sotomayor think retiring now is the obvious thing to do? Why to so many Democrats in Congress seemingly want her to place her seat at risk? Why don’t progressive activists work toward constructive goals like strategic retirements and whipping up outrage over Alito? Also, what does any of this have to do with Donald Trump’s new aspiration to create what his campaign calls a “Unified Reich”? Answers to all those questions, plus the full Politix archive are available to paid subscribers—just upgrade your subscription and pipe full episodes directly to your favorite podcast app via your own private feed.

Further reading:

* Brian reminds Senate Democrats (cough, Dick Durbin, cough) that they can squeeze Samuel Alito, including by exposing his secret role helping Donald Trump sweep the insurrection under the rug.

* Maya Sen on diversity in the judiciary.

* Mehdi Hasan on why Sotomayor should retire.