The current U.S. Supreme Court known as the Roberts Court is facing criticism and political backlash for a number of reasons.
The Court's current 6-3 conservative majority has led to a number of rulings that have been seen as out of step with public opinion, such as the decision to overturn Roe v. Wade. There is a growing public perception that the Court is an activist court that disregards legal precedent. The Court has overturned a number of precedents in recent years, including Roe v. Wade and Miranda v. Arizona. This has led to accusations that the Court is no longer bound by the rule of law and is instead simply imposing its own ideological agenda.
There is a new culture on the Court that lacks transparency of its decisions. The Court has become increasingly opaque in recent years, using what has become called “The Shadow Docket.” This is making it more difficult for the public to understand its decisions and its reasoning. This has led to accusations that the Court is not accountable to the people.
The Supreme Court has become increasingly politicized in recent years, with justices being seen as more partisan than in the past. This has led to accusations that the Court is no longer a neutral arbiter of the law but is instead a tool of the far-right flank of the Republican Party.
These criticisms have led to a decline in public trust in the Supreme Court. A recent poll found that only 25% of Americans have a great deal or quite a lot of confidence in the court, down from 50% in 2002.
There have been numerous recent investigative press reports that show how Justice Clarence Thomas has been receiving gifts, favors and cash payments from right wing wealth political donors who have business before the Court. There are increasing calls for Thomas to resign.
It remains to be seen whether the current criticisms of the Supreme Court will lead to any changes in the Court's makeup or its behavior. However, the criticism is likely to continue, as the Court's decisions continue to have a significant impact on American society.
Guest:
Elie Mystal is The Nation’s justice correspondent and the host of its legal podcast, Contempt of Court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is the New York Times bestseller Allow Me to Retort: A Black Guy’s Guide to the Constitution, published by The New Press. Elie can be followed @ElieNYC.
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*This interview will be recorded on Thursday, July 13.
