So the Supreme Court handed down its decision on the Walmart (né Wal-Mart) sex discrimination case. It can be summarized in three words of Brooklyn dialect: “get outta here.” I will defer to my wife, Liza Featherstone, who wrote the book on the case, for detailed analysis. But I am overcome with the need to denounce, so please indulge me.
Liberals will anguish endlessly over this decision, parsing it in that tediously fetishistic way that has become all too familiar. But really, the Supreme Court is a fundamentally reactionary tool of bourgeois power. Liberal opinion still seems to think that the Warren court was something other than a 15-year anomaly in its mostly awful history.
Why this boring and annoying obsession with The Court? Is it because liberals think that the people are fundamentally dolts, and turn to unelected judges to accomplish what democratic agitation can’t? This seems to be the strategy of the reproductive rights movement, which does little but litigate and lobby while access to abortion dwindles, and popular opinion moves in unpleasant directions. And the labor movement looks to have been doing similar things: when you can’t organize, file suits. But for most of American history, judges have done the work of elites—which isn’t surprising, given their social origins and professional training.
Give up on the courts. They’re hopeless.