The Supreme Court’s Legal Purgatory

Over the past week I’ve had an odd epiphany: I’ve realized that I feel very sorry for the Justices on the U.S. Supreme Court—and Chief Justice John Roberts, in particular. Given that the political extremes in America today are screeching loudly, this is a rough time to try to be resolutely—and sometimes incorrectly—moderate in your judicial opinions. Although a good portion of our electorate is, in fact, relatively moderate, threading the needle at this point in our nation’s history, when the courts have obligingly allowed themselves to become partisan participants through their obscurely rendered rulings, fiery dissents, and sometimes thoughtlessly delivered speeches, makes them appear hypocritical at best—and conniving at worst. Worse still, their refusal to recognize the rapid erosion of public faith in their impartiality is a worrisome sign of their startling insularity. Believing in the continued patience of Read more