Prof. Sunstein, Open University:
In short, the conservative refashioning of the Court has radically changed the terms of legal and political discourse. On the Supreme Court, what was once centrist is now left-wing. What was once conservative is now centrist. What was once on the extreme right--so extreme that it was not represented on the Court at all--is now merely conservative (Scalia and Thomas). What was once on the left no longer exists (Brennan and Marshall, often joined by Blackmun).
By drawing attention to these changes, I do not mean to suggest agreement with the liberals of the Court's past. In my view, the Court does best if it proceeds incrementally and with respect for the elected branches of government. But public discussion has been badly distorted by a failure to see exactly how much has happened in the last decades. Indeed, this particular revolution has been so unusual, and so stunningly successful, precisely because so few people have even noticed it.HAS THIS TRULY ESCAPED OUR ATTENTION? I THINK NOT.