The Legitimacy Crisis: A Court Out of Step with America
Public trust in the Supreme Court has collapsed, and for good reason. Gallup polling shows confidence in the Court at historic lows, with approval dropping to just 40% in recent years—lower than Congress.
The Court’s decisions increasingly split along purely ideological lines, with the six conservative justices voting as a bloc on the most contentious issues. This isn’t judicial reasoning—it’s partisan politics in robes.
Consider the mathematical absurdity: justices appointed by presidents who received fewer votes than their opponents, confirmed by senators representing a minority of Americans, are now making decisions that affect every aspect of American life. They’re overturning gun regulations supported by 80% of Americans, restricting voting rights in ways opposed by majorities, and eliminating reproductive freedoms that most Americans want to protect.
This is minority rule with a lifetime appointment.
The Court has also become increasingly imperial in its behavior. The shadow docket—unsigned, unexplained emergency orders—has exploded under the current Court, allowing them to make major policy changes without oral argument or full briefing. They’re not just interpreting law; they’re making it, often in the dead of night without accountability.