Once again, the Left is resorting to familiar tactics in an attempt to undermine and delegitimize the United States Supreme Court simply because they lack control over it. When the Court rules in their favor, they arrogantly congratulate themselves, proclaiming to be staunch defenders of the Constitution. However, when they fail to achieve their desired outcomes, they transform into fierce critics of the institution, discussing "reforming" or even "abolishing" the very norms and institutions that obstruct their path. This cynical and unserious strategy is all too predictable.
Some Surprising Facts About Our 'Right-Wing' Supreme Court
https://t.co/Gjs1XIiKrs— Townhall.com (@townhallcom) June 16, 2023
It is not limited to mere vocal activists engaging in this game. Prominent elected Democrats, ranging from governors to the highest-ranking Democrat on Capitol Hill, are equally guilty of employing these tactics. They propagate fabricated "ethics" concerns and baseless "scandals" in an effort to discredit the Court and advance their own political agenda. Such behavior is both reckless and dangerous.
Is this still the stare decisis court? The data (looked at three different ways) says yes it is. The Roberts COurt overturns/modifies precedent less than its predecessors did. #SCOTUS pic.twitter.com/cmKxRAI5eT
— Jonathan H. Adler (@jadler1969) June 15, 2023
P.S. In my view, this "restraint" or minimalist impulse is sometimes good and sometimes bad–depending on the case–but such assessments require engaging with the decisions on the merits, not hiding behind labels like "activist."
— Jonathan H. Adler (@jadler1969) June 15, 2023
Sotomayor remains the Justice most often in the majority so far this term at 97%. (Though that includes Sackett, which was more like a dissent.)
Alito the least at 73%.
Kagan, Kavanaugh, Jackson at 95%.
Roberts, Barrett at 92%.
Gorsuch 81%. And Thomas 78%.
— Kimberly Robinson (@KimberlyRobinsn) June 16, 2023
This MAGA Supreme Court is continuing to erode our country’s environmental laws.
Make no mistake—this ruling will mean more polluted water, and more destruction of wetlands.
We’ll keep fighting to protect our waters. https://t.co/wlp1LTvZJB
— Chuck Schumer (@SenSchumer) May 25, 2023
Delegitimizing courts is bad again. https://t.co/igj1C7ivvk
— Jonathan H. Adler (@jadler1969) June 15, 2023
One of their favorite lines of attack is the claim that the Supreme Court has been "captured" or "packed" by the "right wing." However, the truth is that the Court's ideological composition has emerged through fair elections and the customary filling of vacancies. The Left is struggling to accept the reality that they are currently on the losing side.
Another favored line of attack is the assertion that the current Court disregards precedent in pursuit of an ideological agenda. However, the facts paint a different picture regarding the Roberts Court and its regard for precedent. In this term, the leftist justices have been in the majority 95 percent of the time. Furthermore, even some of the most contentious decisions have been reached unanimously.
Despite months of relentless attacks against the Court, it still enjoys more public trust than the presidency, Congress, and the media, all of whom are eager to assail the institution. As we await further significant decisions, it is evident that the Left is hoping for rulings that align with their agenda, such as cases concerning religious liberty and race-based affirmative action in college admissions.
Ultimately, the Left is playing a dangerous game, eroding trust in our institutions and prioritizing their own agenda above all else. It is crucial for us to stand resolute and defend the Constitution and the Supreme Court from these outrageous assaults.