The Supreme Courts Failures Culminated Together

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For more than decades the court has continued to be pivotal in some of the biggest decisions for the social identity of America. Specifically noting that for many years the majority of Americans supported things that shaped the identity of American history (i.e. Slavery, Gay marriage, Sodomy, etc.). Erwin Chemernisky continues to examine whether the courts roles in major social issues have failed the American people or not. Erwin continues to explain that the supreme courts failures culminated together, are not only a failure for race issues in America, but also a failure to interpret the constitution effectively (21). These broad generalizations of the court flourish throughout his book, however, it is final assessment of the court that leaves the most to be contended with. Specifically noting that overall the court has done way more harm than good with regards to addressing minority issues an in wake of the warren court has continued to make flawed decisions in favor of the majority (53). This rhetoric must be addressed and analyzed by first looking to professor Erwin’s view of the courts take on minority, secondly analyzing his take on the court before and after the warren era and lastly addressing his support and analysis of the purpose of judicial review. Through this analysis it will become evident that Erwin Chemernisky has misinterpreted the supreme courts position as a protector of minority rights instead of the upholder and interpreter of the constitution and law.
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