partisan political hacks wearing black robes

The Supreme Court is destroying itself, and perhaps our democracy too.

What’s worse, the justices responsible for ruining the Supreme Court’s reputation don’t seem to care.

As Alexander Hamilton argued in Federalist No. 78, we need a Supreme Court.Protect the Constitution and individual rights. ”

We need a Supreme Court to modernize the Constitution, written 237 years ago, translate the words of Congress into federal law, resolve conflicts that arise from the multiple branches of power in our federal system, and generally serve as the highest court in the land.

This is not to say that the courts are always “right” – certainly the courts are wrong in many cases – but the courts always make definitive decisions.

Al Gore conceded defeat in an election he likely would have won. Supreme Court ruling. Gore’s completely voluntary concession This indicates that the courts have limited ability to enforce their decisions: they do not control the military or the police.

Hamilton wrote, “The executive…holds the sword…the legislative…controls the purse…the judiciary, on the other hand, has no influence either on the sword or the purse…” The judiciary “has neither power nor will, only judgment.”

Americans obey judicial orders because they are perceived as legitimate decisions. Without that legitimacy, there may be law but no order.

Meanwhile, the Supreme Court’s legitimacy rests on the perception that its judges are independent and impartial, qualifications that date back at least to the Hebrew Scriptures and Socrates.

In contrast, as Justice Elana Kagan noted, the Court “Like an extension of the political process“It’s an ‘issue’ that could undermine the legitimacy of our only enforcement mechanism.”

Many of today’s right-wing judges seem like partisan politicians in black robes.

There is nothing wrong with being a partisan politician — after all, I am one — the problems start when they put on their black robes and sit as judges in our courts.

As a result, public confidence in the Supreme Court has fallen to a record low: According to Gallup, in the 1980s, 56% of Americans had at least a “great deal” of confidence in the Court; by 2020, that number had plummeted to 40%. 25 percent in 2022After Roe v. Wade was overturned, 27 percent in 2023.

According to a CNN poll conducted before the latest flag controversy involving Justice Samuel Alito: Only 42% have a “moderate” amount of confidence in the Supreme Court. To make the right decisions regarding lawsuits related to the 2024 election.

Legitimacy was lost.

Professor at the time, now a judge, Amy Coney Barrett foresaw the problems“When the Supreme Court’s opinions vary from justice to justice, public confidence in the institution may decline. Justices may be perceived as partisan rather than impartial, and precedents may be seen as driven by power rather than reason.”

But at the end of the day, she didn’t care. Guided by partisanship and ideology, she was happy to overturn a 50-year-old precedent that Justice Brett Kavanaugh called “settled law” simply because the makeup of the court had changed.

Nearly two to one Americans disapproved of the Court overturning Roe.

Opinions that are radically at odds with public preference are just one of the reasons the Supreme Court is so unpopular.

Another issue is the unethical behavior of some judges. Kavanaugh lied about his position on RoeJustice Clarence Thomas did not reveal Republican billionaires give him gifts “38 vacations, 26 private jet flights, 8 helicopter flights, 12 VIP passes to sporting events, and stays at luxury resorts in Florida and Jamaica.”

Alito said some have speculated that an upside-down American flag and an “Appeal to Heaven” flag flying in his home are connected to January 6th, but that few believe those claims.

This is the reason for my resignation. Thomas said, His wife’s efforts to overturn the election By raising the flag of rebellion, Justice Alito could recuse himself from cases related to the 2024 election and January 6th and help restore public confidence in the Supreme Court.

They did not, and they never will because they are partisan politicians in black suits, for whom partisanship and ideology are more important than integrity and the Constitution they swore to defend.

Melman is a pollster and president of the political consulting firm Melman Group, and also serves as chairman of the Israel Democratic Majority.