Take horse race polls on the presidential election and, as the philosopher David Hume recommended for works of superstition, consign them to the flames.
In the United States, elections–and the governments they produce–are lagging indicators of public sentiment. Elections simply provide a quantitative measure of what the voters believe. The governments that emerge from elections merely establish order and discipline with respect to those policies and approaches that have already been emotionally and intellectually pioneered and adopted by the American people.
Before Biden stepped out of the race, there was a widely held conventional wisdom that while third-party candidates, like Kennedy, had virtually no chance of winning the election, they could influence a close race between Biden and Trump.
Throughout history, criticism of the Supreme Court has come from political factions opposed to the substance of its decisions rather than their constitutionality.
Supreme Court Justice Clarence Thomas came under intense scrutiny last year for failing to disclose lavish gifts from real estate mogul Harlan Crow. Among the questions raised by ProPublica’s reporting on the Justice and the billionaire was whether Thomas had violated disclosure requirements.
The Supreme Court of the United States is a unique, hybrid political-legal institution. It is staffed by life-tenured judges who interpret a centuries-old document replete with imprecise text that the justices must apply to an ever-changing society.