Justices join debate on Supreme Court's legitimacy after abortion ruling
The Supreme Court returns to action next month amid a backlash to its contentious ruling that curtailed abortion rights, sparking debate even among the
The Supreme Court returns to action next month amid a backlash to its contentious ruling that curtailed abortion rights, sparking debate even among the justices themselves about whether an institution that relies on the public perception of its legitimacy could be losing the trust of the people.
Liberal Justice Elena Kagan has several times over the summer warned that the court risks being seen as an outcome-oriented political branch of government. Chief Justice John Roberts, one of the court’s six conservatives, pushed back against some of the criticism in a recent public appearance, saying people should not question the court’s legitimacy just because they disagree with its rulings. Fellow liberal Justice Sonia Sotomayor has echoed some of Kagan's sentiments.
The Supreme Court’s authority, uniquely among the three branches of government, rests on how its rulings are received by the people, including elected officials tasked with enforcing the law, because it does not have the power to unilaterally enforce them itself. As Founding Father Alexander Hamilton wrote in 1788 about the role of the judiciary, courts "have neither force nor will, but merely judgment." That makes the public perception of how the Supreme Court operates vitally important.
‘We are suffering as a nation’: VP Harris criticizes Supreme Court’s abortion rulingSept. 9, 202202:14“The court’s legitimacy comes down to whether the public thinks the court is doing law, not politics,” said Sherif Girgis, a professor at Notre Dame Law School who was a law clerk for conservative Justice Samuel Alito.
It is important that the public think the justices are reaching decisions in good faith based on the law, Girgis said. “It’s bad for the system if the public doesn’t think that’s what they are doing,” he added.
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