The Supreme Court of the United States, once the stalwart of judicial integrity and the most-trusted institution in Washington, faces a precipitous decline in public confidence. A seismic shift in trust has occurred, with Gallup recording a 20-point drop from 2020 to 2022, bottoming out at a mere 47%. For the first time, 42% of Americans see the court as “too conservative,” reflecting an institution now embroiled in the partisan fray it had long seemed to transcend.
At the heart of this trust erosion are a series of high-profile, ideologically driven decisions and the perceived partisanship of the Court. The conservative supermajority established since late 2020 has delivered decisions that heavily favor conservative policies, resonating with Republican confidence but creating a rift among Democrats and some independents. The overturning of Roe v. Wade, the end of affirmative action in college admissions, and the expansion of gun rights have all contributed to this pervasive sense of distrust.
Political scientist Matthew Levendusky from the University of Pennsylvania highlights the partisan trust gap, suggesting that if the Court seems like “just another conservative institution,” the trust will continue to erode. Conversely, combating this perception could restore some of the lost trust.
The Court’s recent history underscores a departure from its long-standing tradition of acting with humility, avoiding dramatically reshaping the law, and working across ideological divides. Landmark rulings of the past often provided recourse for the losers, unlike recent rulings that leave little recourse or guidance, contributing to a feeling of finality and despair for those on the losing side of decisions.
Lower federal courts, shaped significantly by former President Donald Trump’s judicial appointments, have also played a role in the decline of Supreme Court trust. These courts have brought forth controversial decisions that have demanded the Supreme Court’s attention, adding to the impression of a judiciary steeped in politics.
While some see the decline in trust as a reaction to disagreeable rulings, there are concerns that ethical scandals involving Justices Clarence Thomas and Samuel Alito, over non-disclosed lavish gifts and vacations received from right-wing donors and activists, have further fueled skepticism about the court’s impartiality.
Voices from within the Court have expressed concerns about its perceived impartiality. Justice Sonia Sotomayor questioned whether the institution could “survive the stench” that political decisions generate, while Justice Thomas likened the release of a draft opinion to “infidelity.” Similarly, Justice Elena Kagan has spoken out about the importance of the Court’s legitimacy and the dangers of public perception shifting with the replacement of justices.
Despite the tumult, the Court has managed some decisions that align with public opinion. For instance, Gallup recorded a rise in trust to 49% following a ruling that upheld a critical section of the Voting Rights Act. Yet, with high-profile cases like former President Trump’s claim to absolute immunity from criminal prosecution for acts during his presidency, the Court’s ability to rebuild public trust remains under intense scrutiny.
If the court is going to rebuild public trust, “it will have to be rebuilt over time,” says Professor Tang, author of “Supreme Hubris: How Overconfidence Is Destroying the Court – and How We Can Fix It.” “The court will have to avoid more decisions that leave losing groups feeling like there’s no other choice but to assault the integrity of the Supreme Court.”
Relevant articles:
– Majority of voters no longer trust Supreme Court., csmonitor.com, 04/26/2024
– Survey reveals decline in public trust of health institutions, surge in self-reliance, WEYI, Wed, 24 Apr 2024 21:44:33 GMT
– Focus at Four: Poll shows younger generation has less trust in US institutions, KBTX, Thu, 25 Apr 2024 00:41:00 GMT
– Fairfax County, Va. local news, FFXnow, Fri, 26 Apr 2024 01:00:02 GMT