Steve Benen is a producer for 'The Rachel Maddow Show,' the editor of MaddowBlog and an MSNBC political contributor. He's also the bestselling author of 'The Impostors: How Republicans Quit Governing and Seized American Politics.'
The headline on the opinion piece from The Washington Post’s Ruth Marcus was immediately memorable: “The 5th Circuit is staking out a claim to be America’s most dangerous court.” Marcus was referring, of course, to the 5th Circuit Court of Appeals — one of the federal judiciary’s 12 appeals courts — which was already far to the right when Donald Trump took office. The Republican then added six more ideologues to the bench, making it considerably worse.
But therein lies the point: When this very conservative high court effectively keeps telling an even-more-extreme appellate bench, “You guys are going too far, too often,” it helps make clear just how radical the 5th Circuit has become. The case about domestic abusers’ access to guns? Conservatives on the Supreme Court said the 5th Circuit court got it wrong.
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