Press: Time to shake up the Supreme Court – The Hill

The 2022 highway is strewn with casualties: of individuals and organizations, once highly regarded, that lost all respect in the last 12 months. The list includes Elon Musk, Donald Trump, Kanye West, FTX, the National Republican Senatorial Committee, and almost every political polling firm in the country.  

But at the very top of the list, the biggest loser of 2022, is the United States Supreme Court — once the most highly respected institution of our government, but no longer. According to a September 2022 Gallup poll, only 40 percent of Americans now approve of the job done by the high court — an 18-point drop since 2020.   

Even more troubling is the partisan split about the court. That same month, the Pew Research Center found that 49 percent of Americans now view the court as “conservative,” up from 30 percent two years ago. Only 28 percent of Democrats have a favorable opinion of the court, compared to 73 percent of Republicans.  

And there’s no doubt why: the Supreme Court is seen increasingly as little more than the judicial arm of the Republican Party. If he achieved nothing else, Donald Trump succeeded in turning the court from a 5-4, middle-of-the road judicial forum into a 6-3, right-wing political action committee.   

With the addition of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett to a court that included Clarence Thomas and Samuel Alito, conservatives have enough votes, even without Chief Justice John Roberts, to carry out the Republican Party agenda. They’re hellbent on doing so, ignoring precedent and deliberately bringing back major cases already settled by the court only in order to reverse them, now that they have the votes.   

It started with the Dobbs v. Jackson Women’s Health Organization decision, overturning the right to abortion. Most likely, affirmative action is the next to fall. And Thomas has already announced plans to overturn previous court rulings in favor of contraception, gay rights and same-sex marriage. The court’s transmogrified from expanding basic rights to shrinking them.     

What’s equally troubling is that the conservative majority is not even trying to hide its political agenda or avoid obvious conflicts of interest. Thomas’s wife was actively involved in attempts to overturn the 2020 election, yet he’s never recused himself from related cases before the court. According to the Rev. Rob Schenck, former anti-abortion leader, conservative justices routinely mingle with wealthy conservative Christians involved in court cases at fundraisers. He said Alito and his wife even entertained one couple at their home in Arlington, Va., where they were allegedly informed of the court’s upcoming decision in the Burwell v. Hobby Lobby Stores, Inc. case.  

On Friday, Dec. 9, Justice Kavanaugh showed up for a holiday party at the home of Matt Schlapp, head of the American Conservative Union — an event packed with Republican operatives with business before the court. What was Kavanaugh thinking? That would be like Justice Sonia Sotomayor showing up at the Democratic National Convention.  

But nothing will happen to Kavanaugh, Thomas, Alito, or any of the others. Why? Because — unlike members of Congress, or any other federal or state judges — members of the Supreme Court have no code of conduct. They’re appointed for life. They can get away with whatever they want. And do.   

The Supreme Court’s once-proud reputation is no more. But there are two ways, recommended by many judicial experts, to start to repair it. First, adoption of a tough code of ethics to prevent conflicts of interest. Second, adoption of staggered, 12-year term limits to assure independence of justices.  

That won’t totally fix problems with the court, but at least it’s a good start.  

Press is host of “The Bill Press Pod.” He is the author of “From the Left: A Life in the Crossfire.”