Supreme Court: Hyper-Partisan, Ethically Challenged, Lazy

The U.S. Supreme Court on Wednesday, Jan.19, 2022, in Washington. (AP Photo/Mariam Zuhaib)

The Supreme Court’s reputation and legitimacy are in tatters. According to the most recent Gallup survey, 58% of Americans disapprove of the work of the Court, the highest ever. Why does the Court face such disdain?

The indisputable partisanship of the Justices is one big reason. The fiercely conservative approach to judging undermines the argument that Justices decide cases based on legal principles rather than politics or ideology.

When Justice Amy Coney Barrett announced that “We’re not a bunch of partisan hacks,” derision followed. The fact that the six conservatives on the Court are acolytes of the Federalist Society — the most conservative legal organization in America — and owe their judgeships in large part to support from that group is troubling but not surprising.

That half the conservative contingent was appointed by Ex-President Trump is also hard to ignore. And the rulings by these Justices are not only predictable but worrisome.

It has been over 100 years since a decision by a Court majority was so certain. Does anybody doubt the result of the Court’s upcoming Affirmative Action cases later this month? Despite Supreme Court precedents strongly upholding affirmative action programs in higher education, this conservative group of six will almost certainly hold such programs unconstitutional. As with the abortion decision in Dobbs v. Jackson Women’s Health Organization, the conservatives decide these cases not on any legal principle but because they can.

Supreme Court: Hyper-Partisan, Ethically Challenged, Lazy

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