A new Yahoo News/YouGov poll shows that Americans’ confidence in the U.S. Supreme Court has collapsed over the last 20 months — a period that began with former President Donald Trump and Senate Republicans installing a 6-3 conservative majority ahead of the 2020 election.
For me it began with McConnell’s stolen Obama seat, snowballed when the radical-right Gorsuch was nominated and approved, the arrogant, beer-loving, groper Kavanaugh was nominated and approved, and finally the iunqualified handmaiden cultist Coney was nominated and approved.
Various issues and strategies have increased polarization in politics.
Those who thought the court had grown too liberal and needed balance probably goes back to segregation issues like Brown vs Education. They started being aggressive about it twenty years ago.
The Koch Brothers funding conservative candidates. The GOP strategy to dominate state politics.
Its hard to point fingers at any one person or group.
Its hard to point fingers at any one person or group.
This isn’t ‘pointing fingers,’ but it’s not hard to figure out what changed.
Since at least the 1970’s, Republicans/conservatives have pretty consistently attacked the legitimacy of the Court, bitterly upset with the many decisions of the Warren and Burger Courts that ruled in favor of progressive and liberal positions. Democrats, meanwhile, have consistently defended the Court as an institution and the role of its Justices in protecting rights granted by those prior benches.
Once the Court had a conservative supermajority, though, Democrats flipped. Now they’ve joined in full-throated condemnation of the Court. The GOP has yet to rise to start defending the Court, which isn’t too surprising, since they haven’t issued too many major opinions under the current configuration of Justices.
I would expect that will change after the end of this term, especially if Dobbs follows the draft that was leaked. You’ll see a lot more Republican leaders emphasizing how wonderful it is to finally have a Court that follows the law, rather than tries to legislate from the bench - and Democrats will continue to attack the Court pretty continuously. So confidence in the Court among Republicans will probably pick up pretty sharply going forward, as partisans pick up cues from leaders of both parties and internalize that the GOP now likes the Court and the Democrats now dislike them.
Republicans/conservatives have pretty consistently attacked the legitimacy of the Court, bitterly upset with the many decisions of the Warren and Burger Courts
Both Burger and Warren were nominated by conservative Republican Presidents. They made decisions that were based on the constitution not political party, like, Black Americans should not be treated as sub-human, The Government shouldn’t be allowed into our private lives, mandatory Bible readings fly in the face of separation of Church and State, Due Process for those who can’t afford an attorney, Oh and the Right of Women to control their own body not the Catholic Church through the Power of the State… and BTW The Conservative Chief Justice Burger voted with the majority. Why? Because they believed in the Constitution not the Mandates of Religious Dogma
Both Burger and Warren were nominated by conservative Republican Presidents. They made decisions that were based on the constitution not political party, like, Black Americans should not be treated as sub-human, The Government shouldn’t be allowed into our private lives, mandatory Bible readings fly in the face of separation of Church and State, Due Process for those who can’t afford an attorney, Oh and the Right of Women to control their own body not the Catholic Church through the Power of the State… and BTW The Conservative Chief Justice Burger voted with the majority. Why? Because they believed in the Constitution not the Mandates of Religious Dogma
Regardless of the provenance of the Justices, the Warren Court was the most liberal in history, with the Burger Court also considered among the more liberal. It is not the least bit surprising that some (though not all) of their decisions generated a counter-movement, arguing that their reasoning was not in fact based on the Constitution, but based on their political preferences. There’s a very strong argument that it is improper for the Court to be figuring out what the Government “shouldn’t” be allowed to do, but rather what the Constitution says the Government “isn’t” allowed to do. By this reasoning, Justices should recognize that it is entirely possible, in fact even likely, that there are things that the Government “shouldn’t” be allowed to do that the Constitution failed to anticipate or to actually prohibit. Like, for example, slavery or depriving women of the right to vote.
It has been more than a century since the country last had a Court that was as conservative as the Warren Court was liberal - arguably the Fuller Court, back in 1910, though that lived on through the Stone Court up to the “switch in time”. That’s still long enough for all of us to forget what it is like for a Court to actually be incredibly conservative. But it looks like we’re going to have a very conservative Court indeed for the back half of the Roberts Court. It will be fascinating - in a very unpleasant sense - to see what happens and how we as a nation react to it.
It has been more than a century since the country last had a Court that was as conservative as the Warren Court was liberal - arguably the Fuller Court, back in 1910
The Warren Court applied the Constitution to its rulings, sorry to disagree. I don’t believe that Black Americans should be treated as sub-humans. I don’t believe that public schools should be used to make children mumble “Hail Mary’s” with Rosary Beads or chant Bible Verses Before School Every morning. I don’t believe that the Catholic Church Dogma should rule our courts and force women to have as many babies as possible.
The Fuller Court? Constitutional?
You’re arguing that the Conservative Fuller Court represents Our Constitution?
Like The Chinese Exclusion Act?
Or Plessy v. Ferguson , Black Americans are sub-human and should be separated from the White Population?
birthright citizenship even for those whose parents are not American citizens
Oh but if you’re a Native American do not apply…
Even better, If you are a Native American the Federal Government does not have to honor contracts that they have signed with you
Beating Black Americans or Chinese Americans Employed by you is ok
And…In General, Labor Unions are unconstitutional.
Oh yeah, Let’s get back to the good 'ole Conservative days. Hey, is the Thirteenth Amendment even Constitutional? I mean if we’re gonna overturn every Court Ruling, might as well start out with some that get us back to the Days of the Founding Fathers, eh?
Make America Great Again, right?
As I well should know, I didn’t think you’d agree with the the kind of decisions that the Fuller Court made.
I’m not arguing that it’s good to have a super conservative court. Just that we’re about to experience one.
The difference is that we are not about to experience a conservative court. We are experiencing a Political Court, one that makes rulings that are in accord with the political party that appointed them. Unlike the Warren and Burger Court that were appointed by conservative Republicans but did not “play” according to party politics. They made rulings based on The Constitution, not Party Platforms.
As well, I would say that this a Religious Dogma Church Court, not a Constitutional Court. Just hours after the leak documents were made public The Catholic Church and U.S. bishops issued a statement of support and prayer.
"As we await the Court’s decision, we urge everyone to intensify their prayer and fasting that the final decision of the Court will bring about the reversal of Roe and Casey”
In the days of the Great Depression, FDR tried to create the National Recovery Act, the NRA of his day. The Supreme Court ruled it unconstitutional. He then tried to pack the court by increasing membership. That too was ruled unconstitutional.
That is a well known Supreme Court fight with the Executive Branch.
Was that a political conflict? Or merely a difference of opinion?
Does anyone know and have handy the last time the c had five or more justices appointed by President’s who were Democrats?
I believe that R-appointed justices have been the majority for decades.
If Merrick Garland had been confirmed timely and if RBG had lived a little longer so that ACB’s could not been rushed like a high speed particle accelerator things would definitely be different.
If Merrick Garland had been confirmed timely and .
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I would kindly suggest that his underwhelming performance as (Biden’s) Atty Gen demonstrates that Rep controlled Senate was correct in not even considering him for the US Supreme Court.
I would kindly suggest that his underwhelming performance as (Biden’s) Atty Gen demonstrates that Rep controlled Senate was correct in not even considering him for the US Supreme Court.
sunrayman: “I would kindly suggest that his [MG] underwhelming performance as (Biden’s) Atty Gen demonstrates that Rep controlled Senate was correct in not even considering him for the US Supreme Court.”
Well, we can differ about performance as AG (which is a different than being a judge (or justice), anyway) but then the Rs should have had the courage of their convictions, held the hearings, and voted him down. Not holding the hearings is cowardly.
I also find your position to I did not even interview this HVAC person to fix my HVAC and when I him/her to fix my plumbing and I was unhappy with his/her performance as a plumber it validated my opinion of his/her HVAC skills.