THE SUPREME COURT’S RADICAL RESHAPING OF AMERICA By Mark Anderson, Legal and Legislative Analyst, New Mexico Bankers Association In any society, there are certain myths that are regularly enforced and impressed upon the public, both in order to maintain institutional legitimacy and to quell a restless public. America is no different as we have a litany of myths that most Americans don’t contemplate that often, but, when pressed, often fall back on the default option of, “That’s how it’s always been, so it must work fine.” One of the most enduring myths in America has been the wisdom, impartiality, eminence and sterling reputation of the Supreme Court. However, in recent years, the Supreme Court has become a lightning rod for controversy, as it’s essentially become a haven of judicial supremacy and political activism from the bench. Any pretense of impartiality, eminent judicial wisdom and impenetrable institutional legitimacy is long gone, and all we’re left with is a completely unaccountable group of unelected officials with absolute power and total impunity. No matter what side of the political spectrum one falls on, most rational people can agree it’s wildly undemocratic to have completely unaccountable, unelected officials making massive, sweeping changes to our laws and system without any dissent, debate or even public discussion. In early July, the Supreme Court wrapped up its term and left a group of historic rulings in its wake that could radically reshape the government. According to Georgetown Law Professor Cliff Sloan, who has argued several cases before the Supreme Court, these rulings are not to be taken lightly. “This is a court that is in a hurry to drastically reshape the law. It’s in a hurry to throw our precedents and upset settled law and make profound and fundamental changes in our law,” said Sloan. “In that sense, it’s one of the most extreme and radical Supreme Courts we’ve ever had. And this term really shows that.” Perhaps the ruling that will affect the everyday lives of Americans the most is that in the case Loper Bright Enterprises v. Raimondo. The 6-3 ruling, overturning a 40-year-old precedent, limits the ability of federal agencies 15
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