As recent polls have showAmericans’ confidence in the Supreme Court is at an all-time low, which has likely something to do with the decision of the court conservatives to impose their medieval ideas of bodily autonomy on the country and end the national right to abortion in June. Could this also have something to do with one of the judge’s spouses allegedly tried to annul the 2020 elections and another getting his lifetime appointment without actually being properly verified by the FBI? Yes of course. But the big problem is undoubtedly the reversal of Roe v. Wade. (No, really: you don’t need to be an expert in constitutional law to figure this out, since the majority of Americans think abortion should be legal in all or most cases.)
Justice Elena Kagan– who happens to be one of the few people at the Court who doesn’t think half the population should be treated as second-class citizens – recently pointed this out. At a July court conference in Big Sky, Montana, she Told a public: “If, over time, the Court loses all connection with the public and with public opinion, that is dangerous for democracy. Earlier this month, while speaking at a panel at Northwestern University’s Pritzker School of Law, she declared that a court is legitimate “when it acts like a court” and that it is a problem when judges try to impose their personal preferences on society. And last week she made similar remarks at Salve Regina University in Newport, Rhode Island, saying that throughout the Court’s history, “the worst times have been times when judges have even essentially reflected one side’s views or ideology in their judicial decisions.” What creates reservoirs of public trust is that the Court acts as a court and not as an extension of the political process.
Kagan’s comments don’t seem to sit well with some male judges. As Chief Justice John Roberts told a court conference in Colorado Springs, “Just because people disagree with an opinion is no reason to question the legitimacy of the Court. But it was Samuel Alitothe scariest answer, given the very clear problem he has with women.
In a comment to The Wall Street Journal, the archcurator said“It goes without saying that everyone is free to express their disagreement with our decisions and to criticize our reasoning as they see fit. But saying or implying that the Court is becoming an illegitimate institution or questioning our integrity crosses an important line. In other words, he wants Elena Kagan to shut his liberal mouth, which isn’t just anti-free speech bullshit, but a convenient way for him to ignore the fact that he shares a great deal of part of the blame for the widely held view that the Court has no integrity.
Of course, Alito’s comment to the Log should come as no surprise to many people who have followed his work. Not only is he the author of the stunning opinion Roe vs. Wade in June, but he cheerfully Noted that his inspiration for doing so was a 17th century English jurist who supported marital rape and had women executed for witchcraft. Later, after a 10-year-old rape victim was denied an abortion in her home country, Alito comedy routines to take away a pregnant person’s right to choose.
Of course, let’s not forget the other justice who did his part to erode trust in the Supreme Court.