How the Supreme Court Seized Power to Rule Over the Rest of Us

In 2012, the Supreme Court upheld the Affordable Care Act by a single vote. President Barack Obama had won the White House in a landslide four years earlier, campaigning on healthcare reform. Obamacare became law in 2010, an unusual case where the people's voice and government action aligned. However, in June 2012, nine unelected judges would decide whether the law was constitutional.

Chief Justice John Roberts delivered the decisive vote, upholding the law, but also ruled that states could opt out of expanding Medicaid. This decision left 2.4 million Americans without health care, with thousands potentially dying as a result. Today, many still remain uninsured. The court has overruled Congress' efforts to limit billionaire influence by vetoing campaign finance laws, like in Citizens United.

It has also weakened the Voting Rights Act, and granted the president criminal immunity for official acts. These decisions reveal the court's growing power over the government, undermining democracy. The authors of Supremacy argue that the court's authority exceeds what the framers intended, becoming a source of judicial supremacy instead of checks and balances.

They argue this system has been built over 100 years by a belief that the Supreme Court holds the final say, a social construct, not a constitutional one. To reclaim democracy, they suggest building a movement to demand a return to the people's representatives running the government. The authors warn that a movement to restore democracy is necessary, as Congress currently does nothing to challenge the court's authority.