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Hugh Hewitt: Reasons for Americans to appreciate the Supreme Court

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Supreme Court Wraps Up Term Amid Celebrations

The Supreme Court is set to conclude its 2025-2027 term on Tuesday, with several justices planning to take their summer breaks soon. They’ve got courses to teach, lectures to deliver, and maybe even some writing to tackle while on their well-deserved time off. The court, as always, has adjusted to the summer rhythms in Washington, D.C., and this year, like many Americans, they’ll be celebrating the nation’s 250th anniversary.

Beyond the formalities like robes and gavels, the courtroom remains a fundamentally human space, marked by incredible achievements and the hard work of dedicated justices. While decisions can spark disappointment and even outrage among the public, the court consistently garners more respect than other branches of government and has demonstrated a solid commitment to upholding the Constitution through the years.

Historically, the court has made decisions that left troubling marks on American society. Notable among these are the “anti-cannon” rulings in Dred Scott, Plessy v. Ferguson, and Korematsu v. United States, all of which have since been overturned. Justices today have conveyed their disdain for those past opinions.

Every time a ruling is made, debates erupt. At the end of this term, seven controversial decisions were handed down, dealing with topics like federal appointees, Federal Reserve terms, immigration status, the First Amendment, and state regulations concerning transgender athletes. Only a bare majority of justices were in agreement on these matters. Personally, I align with the majority in some of these cases, but I realize that’s not the consensus among my peers, given my three decades of teaching constitutional law.

Activists who feel strongly about issues like gun rights or abortion tend to be particularly vocal following rulings they oppose. In fact, individual justices experience moments of frustration like anyone else. As we approach this significant anniversary, I think it’s worth reflecting on our appreciation for a court that embodies our commitment to the rule of law.

As President-elect Abraham Lincoln once observed, the Declaration of Independence represents the “apple of gold” at the core of our nation, while the Constitution provides a “silver frame” that secures the promises of freedom and equality.

Ideally, the court’s decisions should enhance and clarify this foundational framework. In matters of constitutional significance, it is essential that rulings are made with careful consideration. While opponents are often quite vocal about their disagreements, all justices write down their opinions, allowing the public to engage and assess the implications of their rulings.

This is no small task. Some cases, like former President Trump’s executive order on “natural citizenship,” can lead to lengthy opinions that confuse many. People may turn to social media for their perspectives, but such platforms often fail to capture serious discourse.

Stepping back from specific rulings and popular reactions, it’s essential for citizens to take pride in our system of government, including the highest court. This system holds the government accountable for the immense powers it wields over people’s lives. On occasion, rulings are reversed or modified, but achieving such change can take years.

“We the people” are the ultimate arbiters of decisions, regardless of public sentiment—whether cheers or jeers—among the 330 million Americans bound by these laws.

The “rule of law” is quite remarkable, though we often take it for granted. In the 53 years since Roe v. Wade, which repealed state-level abortion restrictions, and the 48 years since University of California v. Bakke, which upheld race considerations in admissions, there have been few missteps of such magnitude by the courts that have disrupted the progress of equality and individual freedoms. The Supreme Court is not infallible, but it generally gets the majority right and slowly addresses errors as they arise.

Currently, tempers are flaring over recent decisions stemming from deeply entrenched partisan beliefs. Despite the ongoing controversies, the Supreme Court remains a vital pillar of the American legal system. Its rulings, shaped by collective debate, stand in contrast to the whims of authoritarian rule, even as they must adapt to accommodate new technologies and scientific advancements.

In the history of mankind, we are fortunate to have a judicial system filled with dedicated professionals aiming to fulfil the requirements of the law.

As we toast this declaration on Saturday, let’s also acknowledge “this honorable court” for its commitment to protecting the “golden apples” of freedom and the “silver frames” of law with each case that comes before it.

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