Public bickering among the justices is the least of the reasons why
Save time by listening to our audio articles as you multitaskIt would be wrong to criticise Mr Alito for not specifying where that line lies.
It is all a bit passive-aggressive. It is also somewhat insulting to the intelligence of Americans who feel they are past the stage when the parents must spell out to each other the words they hope will not be understood. What the judges are talking about, when they talk about the court’s legitimacy, is whether the court is acting like just another political branch of government. And everyone knows the answer: of course it is.
Mr McConnell’s gambit has resulted in a court that, during a period when the Democrats control both the White House and Congress, has been able to make Republican policy the law of the land, from environmental regulation to gun control. This dissonance has not escaped public notice. At the end of September Gallup reported that a minority of 47% of Americans trusted the Supreme Court, the lowest level since it began tracking this attitude in 1972.
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