Conversation

Key decisions made in the new SCOTUS term will make clear whether the U.S. has fully transformed into a dual state, which is "characterized by a bifurcation in the law, but also by the facade of normalcy obscuring the fact of an authoritarian state."

"The Supreme Court, with its Republican-appointed 6-3 majority, has been a crucial facilitator. When the court blesses the administration’s disregard for the law while maintaining the appearance that the law still rules, it is enabling a dual state. When Jackson made explicit reference to Fraenkel, she was sounding an alarm on the court’s role in the shift toward a dual state. As Evan Bernick, a constitutional law professor at Northern Illinois University College of Law, puts it: “The reality is that the court is adjusting the law to make place for arbitrary power.” #SCOTUS https://www.motherjones.com/politics/2025/10/dual-state-supreme-court/