Harvard Law School Professor Laurence Tribe, one of America’s pre-eminent constitutional scholars, says the U.S Supreme Court’s majority is not denying access to justice to consumers, workers and civil rights plaintiffs just because it is “favorable to big business” and “doubts[s] that civil rights litigation does all that much good.” Tribe says the real reason is more fundamental and disturbing: it’s that the Roberts Court is an “anti-court court.”
Tribe’s diagnosis is right, but his prescription—seek justice elsewhere—is too limited. We must keep fighting for justice in the courts. And, far more important, we must keep working hard to make the Supreme Court a pro-court court. We need courts to provide access to justice to all.
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