In Marbury v. Madison, the foundational case establishing judicial review and cementing the U.S. Supreme Court’s role in our democracy, Chief Justice John Marshall asserted, “It is emphatically the province and duty of the judicial department to say what the law is.” Unfortunately, today’s group of Supreme Court justices in charge of deciding “what the law is” as to how our political system operates have no experience operating within that political system.
In the wake of Justice Antonin Scalia’s death, politicians, pundits and court watchers all recognize that an ideological shift on the Supreme Court could be in the works. One consequential shift may come if the president nominates a person with a background in elected politics who has first-hand experience with campaign ads, fundraising and constituent accountability.
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