Gene Sharp is a political scientist who wrote a celebrated handbook for carrying out a nonviolent struggle against a repressive regime, From Dictatorship to Democracy. Sharp’s work has been used by activists around the world, from the color revolutions in the former Eastern Bloc to the uprisings in the Arab Spring of 2011.
I’ve never seen anyone connect Sharp’s ideas to the role of the U.S. Supreme Court in American democracy. But it seems to me there is a connection: the importance of backlash.
Like Ghandi and Martin Luther King, Jr., before him, Sharp recognizes the importance of what he calls “political jiu-jitsu,” using nonviolent means to provoke an oppressive (and possibly violent) response from more powerful opponents — which may then cause the powerful opponents to lose support from those who object to the excessive response.