Is SCOTUS in trouble?
The question of whether the Supreme Court (SCOTUS) is "in trouble" is a subject of intense public and political debate, primarily concerning its
legitimacy, public trust, and ethical controversies. While the institution continues to function and issue rulings, its approval ratings are near historic lows, and it faces significant criticism from various legal and political commentators.
Key areas of concern and controversy include:
Declining Public Trust and Legitimacy: Polls indicate that public confidence in the Court has reached a rock-bottom level, driven by perceptions that it has become increasingly partisan and "agenda-driven".
Ethics Scandals: Individual justices have faced scrutiny and criticism for alleged ethics code violations, particularly regarding undisclosed luxury travel and gifts from wealthy donors. This has led to calls for a binding, enforceable code of ethics for the justices, which the Court has yet to fully implement to Congress's satisfaction.
Use of the "Shadow Docket": The Court has been criticized by federal judges and legal experts for its increased reliance on the "shadow docket"—expedited, unsigned orders handed down with little or no legal reasoning—to make major decisions, particularly in cases involving the Trump administration.
Perceived Political Alignment: Many observers, including Justice Ketanji Brown Jackson, argue that the conservative majority is issuing rulings that pose an "existential threat to the rule of law" and are consistently siding with the current administration's executive power grabs.
Major Controversial Rulings: The Court has issued several landmark decisions in recent terms on issues like abortion rights, presidential immunity, and federal regulatory authority that have dramatically shifted the legal landscape and overturned decades of precedent, leading to intense polarization along partisan lines.
In response to these issues, there are ongoing discussions in Congress and among legal scholars about potential reforms, such as implementing 18-year term limits or addressing the size of the court.
The consensus among critics is that these factors combine to create a significant "legitimacy problem" for the Court, potentially undermining the public's acceptance of its decisions.