“The Supreme Court Is a Product of Minority Rule”: Author Ari Berman on America’s Undemocratic System

We speak with journalist and author Ari Berman about his new book, Minority Rule, which details how the United States has since its founding privileged the rights and interests of a small elite over the needs of the majority. He outlines how, for the first time in U.S. history, five of six conservative justices on the Supreme Court were appointed by Republican presidents who lost the popular vote, and confirmed by senators elected by a minority of Americans. Berman says the court’s makeup is the product of two skewed institutions: how we elect our presidents through the Electoral College and how we appoint U.S. senators — both of which are flawed because they violate one person, one vote, violating the principle of equal representation, and empowering white, rural, conservative and wealthy citizens at the expense of more diverse and progressive parts of the country. “Our institutions are so antiquated, so undemocratic, that we need fundamental reform to change them, to democratize them,” Berman says.