Liberal Professors Challenge Biden to Go Against Constitution and SCOTUS

In a recent open letter, two leftist law professors called on President Joe Biden to defy rulings of the Supreme Court that they consider “mistaken” in the name of “popular constitutionalism.”

The letter, written by Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin, argues that Biden should not follow the Supreme Court’s recent decision to bar the use of race in college admissions. The professors argue that the court’s decision is “egregiously wrong” and that Biden should simply continue to follow his own constitutional interpretation.

The letter is a sign of the growing rift between the left and the right on the issue of judicial supremacy. The left has long argued that the Supreme Court is not infallible and that presidents should have the power to defy its rulings if they believe they are wrong. The right, on the other hand, has traditionally argued that the Supreme Court is the final arbiter of the Constitution and that presidents should always obey its rulings.

In an op/ed published in The Hill on Saturday, Jonathan Turley wrote:

“In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism.” Thus, in light of the court’s bar on the use of race in college admissions, they argue that Biden should just continue to follow his own constitutional interpretation.

The use of the affirmative action case is ironic since polls have consistently shown that the majority of the public does not support the use of race in college admissions. Indeed, even in the most liberal states, such as California, voters have repeatedly rejected affirmative action in college admissions. Polls further show that a majority support the Supreme Court’s recent decisions.”