I Really Want To Respect The Supreme Court…, But Its Conduct Makes It Difficult

Healthy societies have institutions (schools, local, state, and federal governments, the police, legal courts, news sources, etc.) that are generally respected by the majority of the population. I strive to respect these institutions in the United States, but this does not mean institutions get a free pass. I take their actions and affirmations seriously because we humans, individually and collectively, are responsible for our words and deeds. Our Supreme Court does not have the approval nor respect of our citizens. Polls consistently show that less than 40% of Americans approve of the Supreme Court. Part of the problem is due to its rulings, but there are other issues of “process” that have led to this low respect. I will address the content of unsatisfactory rulings in future blog postings, but I will briefly point out two problematic processes.

1. In early 2016, President Obama nominated Merrick Garland to the Supreme Court. Leading Republican senators (McConnell, Graham, et al) refused to even bring the nomination to the Senate. They argued that nominees should not be approved by the Senate during a presidential election year. In October 2020, Trump nominated Amy Coney Barrett to the Supreme Court even though early voting had already begun in some states! Instead of being consistent with their 2016 policy, Republican leaders brought her nomination to the Senate. This was blatant hypocrisy! Instead of denouncing this hypocrisy, many “pro-lifers” applauded it. They appealed to the unethical maxim of the “end justifies the means” (conservative justices who would overturn Roe v. Wade). I am disillusioned with leaders like McConnell and Graham who pushed through this nomination out of season, but also with those “Christians” who supported this double standard.
2. Over a period of twenty years, Supreme Court Justice Clarence Thomas has received millions of dollars in gifts from conservative billionaire Harlan Crow. He was required to report these gifts on governmental financial disclosure forms, but he did not do so. Although every other court in the United States has a Code of Conduct which specifies actions that are permitted or prohibited for their justices, the Supreme Court has no such Code and has repeatedly refused to implement such a code.

Although we affirm that “no one is above the law”, these two examples show how some SCOTUS Justices have demonstrated they are not subject to the norms of everyday citizens. In upcoming posts, I will analyze how Monday’s ruling on Trump’s claim of “total immunity” is extremely dangerous for our country.