It is an irony of politics that the courts defend us against right-wing aggression, but only the aggressors care about the courts. Liberals have neglected the judiciary, ceding ground to those who would bend the law to regressive ends. This imbalance has given the right a sustained advantage in policy and voter mobilization. But there are signs that the left is finally joining the battle.
Since 2012, events in North Carolina have foretold the course of national politics. The courts are no exception. Badly outgunned, progressives relied on the judiciary to blunt right-wing authoritarianism. Courts were especially important in the context of extreme gerrymandering and voter suppression, where the availability of electoral remedies is constrained. Progressives learned that the courts are not a side matter, or a Religious Right niche cause.
As time went on, the judiciary became a theme of NC progressive action. Opposition to judicial redistricting began early, and liberal groups staged frequent protests to raise awareness of this power grab. Likewise with legislative selection: Progressive opposition seems to have given conservatives second thoughts about the proposal. Most impressively, they have slowed the advance of racist judicial nominee Thomas Farr. Activism is working.
The next step is to spread this awareness beyond the vanguard of politicians and activists. Everyday Democrats need to appreciate the importance of the courts. The case can be made in concrete terms. We wouldn’t be dealing with voter suppression if not for Shelby County v. Holder; the Koch machine would be a shadow of itself if not for Citizens United. Thus informed, Democrats would have a reason to head to the polls no matter the issue landscape.
This phenomenon remains embryonic. Conservatives, from the Senate to the listservs, still have a much stronger commitment to the courts. But the intensity scale has begun to even out. It will reshape our politics.
Alexander Jones is an original contributor to PoliticsNC.
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