If your ideas are unpopular, because they represent only one percent of the population’s interests, you cannot count on democracy to implement these ideas. You have to think outside of the democratic box. You propagandize through supposedly non-partisan “think tanks” that you fund, support extremist candidates,  create an extremist judicial fraternity and stack the courts with well-trained judges steeped in your unpopular worldview. Then it is simply a matter of having these courts impose your values on everybody, as long as these courts have the final word on what is law and what is justice.

Heather Cox Richardson, as usual, nails it:

Two days ago, in Slate, legal analyst Mark Joseph Stern noted that when Mitch McConnell (R-KY) was Senate majority leader, he “realized you don’t need to win elections to enact Republican policy. You don’t need to change hearts and minds. You don’t need to push ballot initiatives or win over the views of the people. All you have to do is stack the courts. You only need 51 votes in the Senate to stack the courts with far-right partisan activists…[a]nd they will enact Republican policies under the guise of judicial review, policies that could never pass through the democratic process. And those policies will be bulletproof, because they will be called ‘law.’”

Heather