Tag Archives: Law

Adam Gopnik recently wrote about “Lessons for the Supreme Court from the Jedi Council.” In that article, he puts forward the idea that just as the denizens of the Star Wars universe “seem[] to have an undue cultural investment in the wisdom of the Jedi Council, even in the face of its ineptitude,” so to do Americans unduly venerate a Supreme Court whose inner workings appear “more like the manufacture of after-the-fact rationales designed to give the appearance of footnoted legalism to what are, in truth, the same ideological passions that have the rest of the country in their grip.” Gopnik disclaims the concept of textual interpretation, maintaining that our nation’s highest judicial body resembles its intergalactic counterpart in how it “seems to be functioning on guesswork and mutual hypnosis more than actual expertise.” Accordingly, he concludes that neither the Jedi Council nor the Supreme Court should be afforded nearly so much deference or respect.

The question becomes whether these two august bodies are enough alike to justify such a comparison or conclusion. There are certainly similarities between the two. In The Phantom Menace, the Jedi Council decides, after much deliberation, that Anakin Skywalker should not be trained in the ways of The Force. But Qui Gon Jin (and later Obi Wan Kenobi in his stead) defy that order and decide to teach the boy anyway. In the real world, after the Supreme Court held that same-sex marriage was a right under the Constitution, Texas’s Attorney General soon thereafter announced that despite that decision, under his interpretation Texas officials did not have to abide by the ruling. In both the Star Wars universe and our own, prominent officials have taken Gopnik’s advice to heart and feel free to ignore the high court’s decisions.

(more…)