Supreme Court’s Conservative Grip Threatens Democracy—Democrats Must Answer How They’ll Fight Back

The Supreme Court’s conservative supermajority is no longer just a political obstacle—it has become a weapon aimed at dismantling the very ability of Democrats to govern. As the 2024 presidential campaign unfolded, Democrats like Vice President Kamala Harris sidestepped the fight that should define their political future: how to confront a court that has seized veto power over progressive policies and is actively working to suppress Democratic voters.

This is not hyperbole. The Roberts court has systematically dismantled key legal doctrines that once allowed the executive branch to implement laws effectively. The 2024 ruling in Loper Bright Enterprises v. Raimondo ended Chevron deference, stripping agencies of their ability to interpret statutes flexibly and respond to evolving challenges—an especially crippling blow to Democrats who rely on federal agencies to enact progressive policy.

Even more troubling is the court’s embrace of the “major questions doctrine,” a recently concocted legal tool that lets justices overturn regulations if they believe Congress did not “speak clearly” enough. This vague standard has so far only been wielded against Democratic administrations, providing a judicial fig leaf for partisan obstruction.

The court’s shadow docket—a secretive process for issuing rulings without full briefing or oral argument—has also become a weapon in the conservative arsenal. These unsigned decisions disproportionately favor Republican interests, further stymying Democratic policy efforts behind closed doors.

Perhaps most devastatingly, the court’s ruling in Louisiana v. Callais gutted critical protections of the Voting Rights Act, paving the way for Republican-controlled legislatures to dismantle majority-minority districts. This move threatens to drastically reduce Black representation in Congress, skewing the electoral map further in the GOP’s favor.

Faced with this judicial siege, Democrats confront a stark choice: accept a court that functions as a partisan blockade or take bold action to restore balance. As The New Republic’s Jason Linkins notes, the question of court reform—whether through expanding the number of justices or other means—cannot be avoided any longer.

The Supreme Court’s current form is incompatible with a functioning democracy. It is up to every Democratic candidate to answer this question: How will you change the Supreme Court to protect the rights and representation of all Americans? Because without a plan, the conservative majority’s grip will only tighten, and the party—and the country—will pay the price.