re: #190 KGxvi

In a lot of ways, the Court is an anti-majoritarian entity. The majority was opposed to interracial marriage when the Court said, “no, that’s protected.” The majority was (and probably still is) against flag burning when the Court said, “no, that’s protected.” The majority was against same sex marriage when the Court said, “no, that’s protected.” Our system is designed to promote majority rule while protecting minority rights, and the Court is often a backstop to ensuring that minority rights are protected. In fact, much of our system isn’t really majoritarian at the national level - more people voted for Democrats in the House last time, yet the GOP has a majority; we’ve talked about how half the Senate represents only 30% of the Country or so; and of course, the popular vote doesn’t mean much of anything with respect to the presidency. Hell, if a State tried to elect a governor by something like the electoral college, it’d be struck down under the republican guarantee clause and/or the equal protection clause - for the same reason States can’t have legislative bodies based on county lines like they used to.

This Supreme Court can reverse Obergefell — and will likely do so. It’s not just Roe that is on the line. The courts in Germany supported Hitler — the Supreme Court here will support Trump.