Texas, Amy Coney Barrett, SBA discussed on Cape Up with Jonathan Capehart


The integrity and the public perception of the court eroded, let's say, since the 2000 presidential election, but has it started galloping since the Trump years? So again, the court has ebbs and flows. It does depend on the public for its legitimacy, the public has to view what the court is doing as legitimate. And that's why they obey, there's nothing to make them obey. But I think the court has had a really difficult run. Certainly in the last year. There was, of course, in September, the challenge, an SBA, the Texas abortion statute that prohibits abortion at just 6 weeks, where the court recognizing and in some cases conceding by some members that the law was patently unconstitutional given the court's prior precedents allowed that law to remain in place in Texas because of a procedural quirk that made it difficult to challenge it. And I think many people thought that that was an outcome that would not have been possible a year or two years ago when the court was differently composed. But the fact that the court is now a 6 to three conservative super majority suggests that maybe suddenly lots of things are open where they weren't before. And I think that lends a sense of illegitimacy. The idea that nothing has changed about the court except its personnel now suddenly we're seeing the court being incredibly aggressive about assaults on established rights, rolling back protections for the administrative state. I think all of that lends the impression that the court perhaps is more politicized than it has been. And we've seen the justices take to the huskings to disclaim these charges of over politicization. So we saw justice Amy Coney Barrett advise individuals that this was not a group of partisan hacks. Regrettably, she made that claim while she was on stage at the McConnell center, the university of Louisville with Mitch McConnell looking on. Unfortunate optics. We also saw justice Thomas make a similar claim that they were not partisan. They were not political. They were doing loss. So we've had a number of justices, probably more that I can think of at any time sort of go on a world tour to make clear to the public that they're not partisan hacks. That can only happen because they understand that the public is questioning the court's legitimacy and indeed. In recent Gallup polling, the court had its lowest Gallup rating. It has ever had in the history of the Gallup poll asking about the Supreme Court. And so you talked about a few of the justices who have gone out on the hustings to talk up the legitimacy of the Supreme Court. One person you didn't mention is the chief justice. Who, from everything that I've read, truly holds the integrity of the Supreme Court and its role in our system of government very, very dear, from your vantage point, how's he doing in that endeavor? Especially now with a 6 three conservative super.

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