It’s not the justices’ politics that are making them unpopular. It’s their overconfidence.
by any measure, and it has lurched the law rightward on a host of important issues, from abortion to guns and voting rights to environmental law.The biggest problem with the partisanship diagnosis is that the Supreme Court has, not above it. The most important chief justice in our history, John Marshall, was a Federalist party operative appointed by outgoing president John Adams for the express purpose of stymying the incoming Jefferson administration.
What is really different — and dangerous — about today’s justices is not partisanship, but rather a cognitive trap that Nobel Prize-winning psychologist Daniel Kahneman has called the “
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