Even as we celebrate the anniversary of Obergefell, it’s critical to remember that the short-handed Supreme Court is now in a position in which it may not be able to issue decisions for our nation on fundamental rights and other important legal issues. This is a serious threat to the rule of law.
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Ed Blum—who financed and spearheaded the Fisher case—hoped to establish a precedent to gut affirmative action across the nation and force universities to abandon policies that, for decades, have helped ensure equal opportunities for all regardless of race. Today’s ruling dashes Blum’s hopes of rewriting the Fourteenth Amendment to strike down efforts to ensure true racial diversity on our nation’s campuses. Fisher II makes clear that universities may act to further our Constitution’s promise of equality.
By attacking the integrity of judges based on their color or creed, Trump is trying to bully the officials and institutions our Founders envisioned as the bulwark against such intimidation and lawlessness. But we should find equally unacceptable attempts to use the courts—especially the Supreme Court, which our Founders designed to be the “keystone of the arch” of our judicial system—as a political football. So long as Republican Senators insist on holding a vacant seat open on the Supreme Court for no reason other than pure politics, they are threatening real harm to our system of justice.