The Dinners for Democracy discussion guides covering each chapter of Ordinary People, Extraordinary Times highlight the main points of the chapter, offer questions for reflection and discussion, and reference actions you can take in your community.
In Chapter 6 of Ordinary People, Extraordinary Times, Democracy Forward CEO and President Skye Perryman encourages readers to “remember the past [and] fight for the future.” In this chapter, Skye puts our current political situation in context, paying particular attention to the court system in the United States. Skye explains, “In our system of government, the courts are supposed to check governmental power when the rights of the people are violated—whether that power is exercised by a local government, a state, Congress, or the president and federal agencies within the executive branch” (p. 154).
Remembering our past means knowing how our nation’s courts have historically succeeded and failed in upholding people’s rights. Fighting for the future means reimagining our democracy and government, including courts. This discussion guide focuses on the Supreme Court of the United States (SCOTUS), but the whole court system—federal, state, and local—plays a vital role in our democracy, and engaging with courts and court reform is part of fighting for the future.
Understanding the Supreme Court Crisis
The Supreme Court faces a legitimacy crisis. Confidence levels in the court are at historic lows.
Erosion of trust in the confirmation process (see callout box for more information) and the use of the shadow docket are two of the reasons for this erosion in trust. Skye explains, “When the Court decides matters on its shadow docket (as opposed to its merits docket) it generally makes decisions on an incomplete record, without argument or full briefing. Its orders are rarely explained to the public, nor do they include opinions or reasoning, which further strains the court’s legitimacy in the eyes of the American public” (p. 159).
Additionally, the Court’s legitimacy has suffered because of a series of unpopular decisions. Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade which previously established a right to privacy and abortion access. The ruling in “Trump v. United States found the president had absolute immunity under federal law for actions taken in his official capacity” (p. 158). Skye tells us, “In the past year alone, the Court has undermined the Voting Rights Act, blocked lower court orders that would have protected the federal workforce, stopped the decimation of the Department of Education, and protected people’s private and personal information from the Elon Musk-led DOGE” (p. 160). These decisions call into question whether the Supreme Court is truly concerned with the rights of the people.
The SCOTUS Confirmation Process and Public Trust
In 2016, the Senate refused to grant a confirmation hearing to President Obama’s nominee, Merrick Garland, in the wake of Justice Antonin Scalia’s death, citing proximity to the presidential election nine months away. In 2017, the Senate quickly confirmed newly-inaugurated President Trump’s appointee, Neil Gorsuch.
The replacement of retiring Justice Anthony Kennedy with Brett Kavanaugh in 2018 brought greater scrutiny to Supreme Court nomination and confirmation processes when Kavanaugh’s confirmation hearings unearthed accusations of sexual assault against him, recalling the confirmation of Justice Clarence Thomas in the face of accusations of sexual misconduct by Anita Hill.
Trust in the Supreme Court was then further eroded when, in a complete reversal from their 2016 position, Senate Republicans hastily confirmed Justice Amy Comey Barrett weeks before the 2020 presidential election after the death of Justice Ruth Bader Ginsburg.
Remembering the Past: Promises Kept and Broken by the Supreme Court
As we consider the role of the Supreme Court, Skye tells us, “We must not gloss over the injustices that have been prevalent throughout the history of our country, nor must we confuse ourselves into thinking that any institution—be it the courts, corporations, universities, or the federal government alone—will save us. History teaches us that it is the people who will hold the responsibility of carrying our nation from where it is to a better future, not a court that ‘hands down’ justice or a president who signs a law. Instead, major changes only happen when the people demand that our institutions serve us– all of us.” (p. 162).
While the Supreme Court is also associated by some with landmark cases affirming rights during the 1950s, 60s, and 70s, “this era when the U.S. Supreme Court consistently recognized the greater freedoms and rights for people was short-lived. It was the exception in U.S. legal history, not the rule” (p. 163). Additionally, that short-lived period was followed by a period of backlash and “culture wars,” which continue to this day.
The Supreme Court has not historically upheld the rights of all people. Women, people of color, LGBTQIA+ people, immigrants, and other vulnerable groups have often, in the Court’s interpretation of the document, been omitted from the rights and protections granted to others by the Constitution. The Supreme Court’s mixed record on civil rights and issues of equality reminds us that it is our responsibility, individually and as communities, to “pick up a shovel” and get to work. Skye tells us, “The journey of American democracy has been one of the people demanding that words become actions—and that the promises made for all—really include all of us” (p. 165).
Fighting for the Future: Reimagining Democracy
Skye tells us, “We must rebuild democracy through reimagining it” (p. 167). She continues, “As we strive to defend our rights and counter a vastly accelerating autocracy, we must, at the same time, pursue bold ideas and big change—and this requires that all of us take small steps that, when taken together, can change the world and realize a new future” (p. 167).
This is where remembering the past meets fighting for the future. We cannot go back to a democracy that does not hold all of us or fully live up to the ideals of our Constitution. We can reimagine democracy with a more inclusive idea of “we the people.” Skye writes, “The point here is that this moment is not just about fighting to preserve our democratic norms and systems; the point is to be honest about our past and the future we need to create for the next 250 years of our nation” (p. 172).
As you fight for the future, consider ways you can contribute to an improved Supreme Court as well as the entire court system. The following table, adapted from pp. 169-171 of the book, gives ideas for how to get started.
Ways to SUpport Fair Courts
Less Than a Day
Make sure your senators know that you care about federal judges. You can do this by contacting your senators through their websites or through websites like acslaw.org/judicial-nominations/senate-votes/. Write or call your senators and tell them you care about fair and Constitutional judges.
Learn about your state and local courts. These courts control many day-to-day legal processes like custody hearings and property disputes.
Many state and local judges are elected. Know your down-ballot and local election resources
One Day
Visit your local courthouse. Our justice system enables people to participate, so be sure to respond to jury duty summons and do your part to participate when you are called. Local courts are great places to learn about local issues and interests. If you have an interest in particular legal issues like helping your immigrant neighbors, you’ll find more guidance at ordinarypeopleaction.com.
Long Term
Encourage trusted and respected lawyers who reflect your community to become judges.
Support federal court reform efforts. Currently, the Supreme Court does not have an enforceable code of ethics. Learn about this and other proposed Court reforms. Start by contacting your members of Congress.
Support organizations that work for a fair judiciary and important reforms. For more information, see ordinarypeopleaction.com.
Questions for Reflection and Discussion
- What injustices have you seen the courts work to address? What injustices have the courts perpetuated?
- What roles have “ordinary people” had in the function of our justice system?
- What is your dream for a better future? (See p. 174 of the book for ideas on how to create a vision or dream board.)
- How can you be part of transforming the injustices and brokenness you see to build this future?
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