Justice Barrett: I’ve developed resilience to Supreme Court scrutiny.
U.S. Supreme Court Justice Amy Coney Barrett recently expressed her openness to public scrutiny of the court, acknowledging that individual justices are now under a brighter spotlight than ever before.
Thanks to the internet and social media, the public can now put faces to the names of the justices.
“Before the internet, people just didn’t recognize who the justices were,” Justice Barrett stated during a judicial conference in Wisconsin on Monday. “I think it’s better now. Justices shouldn’t be recognizable in that sense.”
Justice Barrett acknowledged that there are both positive and negative aspects to the Supreme Court being in the news frequently.
“When it comes to engaging people in the work of the court, paying attention to its decisions, and understanding the Constitution, it’s a positive development,” she said. “However, when it leads to misconceptions, that’s a negative development.”
Justice Barrett’s comments come at a time when the U.S. Supreme Court has made several pro-conservative decisions that have sparked controversy and accusations of partisanship from Democrats.
These decisions include the overturning of Roe v. Wade, the rejection of the Biden administration’s push for student loan forgiveness, and the striking down of race-based admissions in higher education.
As a result, some Democrats have raised concerns about partisanship in the Supreme Court.
Term Limits
In June, Reps. Ro Khanna (D-Calif.) and Don Beyer (D-Va.) reintroduced the “Supreme Court Term Limits and Regular Appointments Act,” which aims to establish 18-year term limits for Supreme Court justices.
“Our Founding Fathers intended for lifetime appointments to ensure impartiality. However, recent decisions have shown that justices have become partisan and out of touch with the American public,” said Mr. Khanna in a statement referring to the ruling against student debt forgiveness.
Justice Barrett previously addressed allegations of partisanship in the Supreme Court during a lecture hosted by the University of Louisville’s McConnell Center in September 2021.
She emphasized that judicial philosophies should not be equated with political parties and that criticizing the court’s reasoning is different from accusing it of acting in a partisan manner.
“We need to evaluate the court based on its own terms,” she stated.
Justice Barrett has also acknowledged the personal scrutiny that comes with her position.
“I’ve developed a thick skin, and I believe that’s something all public figures must do,” she remarked. “That’s what all judges have to do.”
Public View of SCOTUS, Partisanship
Public perception of the U.S. Supreme Court has been mixed in recent times, according to multiple polls.
A July 21 survey by Pew Research found that only 44 percent of respondents held a favorable view of the Supreme Court, the lowest level since 1987. However, most respondents had a more positive opinion regarding the court’s power.
About 51 percent of Americans believe the Supreme Court has the right amount of power, while 4 in 10 think it has too much power. Only 7 percent believe it has too little power, according to a Pew Research Center report.
A July 10 poll by YouGov found that although trust in the Supreme Court has declined, it remains more trusted than Congress. While 45 percent of respondents expressed trust in the judicial branch, only 42 percent trusted the executive branch, and just 34 percent trusted the legislative branch.
Over 50 percent of Americans believe the Supreme Court should have the power to invalidate any law it deems unconstitutional. Among Democrats, only 34 percent share this view, while 51 percent of independents and 73 percent of Republicans agree.
The YouGov poll also revealed that 73 percent of Democrats perceive the Supreme Court as more conservative than the general public, up from 61 percent in March. On the other hand, 48 percent of Republicans believe the court’s opinions align with the general public, up from 32 percent in March.
When reintroducing the “Supreme Court Term Limits and Regular Appointments Act” in June, Mr. Beyer stated that “recent partisan decisions by the Supreme Court that destroyed historic protections for reproductive rights, voting rights, and more have undermined public trust in the Court.”
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