A divided nation

The United States is divided so badly that it’s hard to believe. My liberal and progressive friends blame it all on the Republicans. Not surprisingly, the conservatives blame it all on the liberals. No one seems to listen to anyone but the people they agree with any more.

I’ve been blaming this unhealthy division on social media. But in his new book How Rights Went Wrong, Jamal Greene, professor of law at Columbia Law School, argues that the U.S. Supreme Court, and lower courts, are also to blame:

“…The job of the courts in a pluralistic democracy isn’t to please their base. It’s to work to resolve conflicts, to ratchet them down rather than up. Courts should be reminding us of what we have in common. They should be granting just enough constitutional leverage on each side that we have no choice but to sit down across from each other at the table, to look each other in the eye, and to speak to each other….” How Rights Went Wrong: : Why Our Obsession with Rights Is Tearing America Apart (Houghton Mifflin Harcourt, 2021), p. 163

Instead, Supreme Court decisions have become a zero-sum game, with clear winners and clear losers. Rather than trying to work people we disagree with, to find some common ground, we just want to eliminate them. As a result, progressives now hope that some of the conservative justices on the Supreme Court will die so Joe Biden can appoint some more progressive justices. Conversely, conservatives hope that the conservative justices can live another four years.

Unitarian Universalist congregations are supposed to support the democratic process in our congregations, and in society at large. But these days, most Unitarian Universalists have unthinkingly bought into the anti-democratic notion that Supreme Court decisions are a zero-sum game. Maybe it’s time for us Unitarian Universalists to reflect seriously on Jamal Greene’s thoughts — maybe we need to stop hoping that conservative Supreme Court justices will die, and start thinking about how to strengthen democracy.

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