Legal Progressives Have Lost That Lovin’ Feelin’

Liberal law professors used to love the U.S. Supreme Court. For half a century, they applauded activist decisions, proposed new theories of “noninterpretive” jurisprudence, and blew kisses to the Justices most responsible for steering the Court to the left—e.g., Earl Warren, William Brennan, William O. Douglas, and Ruth Bader Ginsburg. Then, abruptly, the Left’s devotion to the Court turned sour. Seemingly overnight, liberals spurned the Court, reminding observers of the song You’ve Lost That Lovin’ Feelin’.  After decades of devotion, progressives have lost their “lovin’ feelin’” for the Court. As the song goes, “Now it’s gone, gone, gone.” Liberal Democrats are now questioning the legitimacy of the Court and proposing court-packing schemes, term limits for Justices, and other measures that were once the province of conservative critics of judicial activism.