The death of RGB before January 2021, which was her goal, is sad. But we are not screwed.

Taking a historical look at the role of the Supreme Court, we see two related things, one patently obvious and one, perhaps not so well understood.

1. The Supreme Court is not above politics. To the contrary, it reflects politics. This is why half the electorate is mourning the political ramifications of the death of RBG. Obvious.

2. The Supreme Court does not lead. When it takes stands that create change (reactionary or progressive) it does so because it has the support of at least a sector of the population.

The Supreme Court uses precedent when it suits the political moment and breaks precedent when it does not. Cases that contradict recent cases are not uncommon, as the Court seeks to follow, not lead. (See the Marshall Trilogy of Cases on the land and Indigenous people). Plessy V Ferguson, passed in 1896 not 1866, reflecting the separate unequal reality of post-reconstruction. Brown V Board, stood on the shoulders of activists, and reflected the foreign policy needs of those in power. RBG was dogged and brave in her pursuit of women’s rights BEFORE she became a Supreme Court justice, but she swam the tide of the women’s movement making those demands in the street. Gay marriage came when it did, not before, not after, because of the strength of the movement.

The Supreme Court follows.

We lead, and voting is a just a small part of how we lead. We make our demands by organizing, taking action, moving ahead of unjust laws. Yes, let’s vote. Trump needs a decisive defeat. But more importantly, let’s keep organizing. History show us the future is in our hands. That is why Trump is waging a war on history.