Professors from all over the country wrote a letter to President Biden on Wednesday, urging him to reject the judgments of MAGA judges for their egregiously wrong constitutional interpretations.
In reaction to President Biden’s description of the Supreme Court as “not a normal court” following landmark rulings, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin sent an open letter to the Biden Administration on popular constitutionalism.
They urged President Biden to stop the MAGA justices as soon as possible by publicly proclaiming that the government will not abide by their judgments based on erroneous readings of the Constitution that threaten our fundamental values.
The letter said that over the last five years, the signatories had worked tirelessly to promote the extension of the Supreme Court to revive democracy. They feel that the severe threat MAGA justices present necessitates implementing measures without Congressional consent. Experts and advocates should push President Biden to contain the damage quickly.
The authors cited popular constitutionalism, which Tushnet and Belkin suggested as a remedy because courts do not have sole jurisdiction over constitutional interpretation. They reasoned that, in cases where a Supreme Court judgment posed a severe threat, Biden might explain why the court’s choices are so egregiously incorrect and provide an alternative constitutional interpretation.
They stated that at this crucial juncture in our nation’s history, MAGA judges pose a grave threat to our founding ideals because they tend to issue opinions that weaken democracy and restrict fundamental liberties. The letter stated that their decisions often rely on shaky reasoning and outright lies.
On Saturday, legal expert and law professor at George Washington University Jonathan Turley posted an op-ed for The Hill warning against this reading of the Constitution.
Tuition waivers and affirmative action are only two examples of how these professors flaunt public opinion and the rule of law while exercising presidential power in ways that directly contradict their claims to promote democracy. According to Turley, these people still hold the position of academia’s elite and believe that their ideals are superior to those of the government.
He claimed they want Biden to bypass Congress and use executive authority unilaterally, throwing the Constitution’s meaning into question.
To combat Republican obstruction, thievery, and procedural abuse in the Supreme Court following Brett Kavanaugh’s nomination, Tushnet and Belkin joined the 1.20.21 Project in 2018. The initiative’s primary goal was to expand the federal courts’ size and nominate liberal justices around the country.
