Has the Supreme Court Failed America?

Erwin Chemerinsky, one of America’s leading commentators on constitutional law, recently put out an Op-Ed piece in which he concluded, reluctantly, that the US Supreme Court had failed America: It’s time to say it: The Supreme Court has largely failed throughout American history at its most important tasks and at the most important times. [. . .] The Supreme Court exists, above all, to enforce the Constitution against the will of the majority. The very existence of the Constitution, a document made intentionally quite difficult to change, reflects the desire…