This is easily one of the least supreme courts ever.
Chief Justice Roberts was right. The role of the Court, especially in this recent session, has been to call balls and strikes. And their model umpire has been Laz Dias. That’s why, despite all of the feigned appeals to neutrality and self-restraint, people who have been paying attention to the Court have been able to predict the outcome of most of the hot cases with stellar advocacy. For example, affirmative action in higher ed was effectively overruled on June 29th, 2023, but we all know it really was over and done with on October 27th, 2020. And as telling as it is for Harvard professors to be the ones telling us that the Court’s legitimacy has gone belly up, the ship has really sailed when some of the harshest criticism is coming from the Court itself. From Reuters:
Several sitting Supreme Court justices themselves – the court’s liberals – indicated that they agreed with the increasing criticism of the current court, including concerns about the erosion of the Supreme Court’s fundamental legitimacy as a policy-making institution.
The court’s decision in Students for Fair Admissions v. Harvard was an “unjustified exercise of power,” Justice Sonia Sotomayor wrote in the liberal justices’ June 29 dissent.
(Photo by Staci Zaretsky)