Their misleading answers to questions about Roe v. Wade during their confirmation hearings tend to further erode confidence in the Court.
Chief Justice Roberts has claimed public criticism of the Supreme Court’s reputation is unfair. I think his lament is myopic. I started my legal career clerking for a conservative trial judge, and a conservative appellate court judge. While my political views didn’t mirror theirs, we shared a common belief in the rule of law and the importance of judicial precedent.
The law can and should evolve, as in the case of the 1954 Brown v. Board of Education decision overruling the reprehensible “separate but equal” doctrine; still the Supreme Court must give great weight to precedent, especially precedent involving fundamental rights. Failure to do so gives rise to real concerns about political influence and erodes confidence in the rule of law.
Circumstances surrounding McConnell’s refusal to allow a hearing on the Garland nomination, recent appointments of Federalist Society partisans, and their misleading answers to questions about Roe v. Wade during their confirmation hearings tend to further erode confidence in the Court. Note to readers: if you purchase something through one of our affiliate links we may earn a commission.
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