United States Supreme Court Building in Washington DC
Kent Nishimura/Los Angeles Times
John T. Broderick Jr. is a former Chief Justice of the New Hampshire Supreme Court.
It’s painful to even think about, and painful to say, but it’s true: The U.S. Supreme Court doesn’t seem to be the “best” it once was. Ideology, questionable ethics, political interference, far-fetched logic, hypocrisy, and mismanagement are taking their toll. The signs are hard to miss and hard to explain away. They’re everywhere.
Throughout my life, I have always respected the Supreme Court and the justices who serve there, even when I have disagreed with a particular decision. The powerful and essential role the Supreme Court plays in American life, and its moral and constitutional authority to protect our democracy and our people from unlawful infringement, have inspired and sustained a respect since I was a young boy. The Supreme Court has always represented America’s best hope to live up to its fundamental promise with honor, fairness, consistency, decency, and integrity. I was perfectly content with the Supreme Court having the “last word” when a thoughtful, reasoned, and impartial final word was needed. But to be honest, I’m not sure how I feel anymore.
The Supreme Court, once respected and revered by most Americans, has caught fire. Its decisions now too frequently reek of partisan politics, moral platitudes, ad hominem attacks, undeserved predictability, ideology, intellectual self-righteousness, and rigidity. The Court has become a collection of personalities, some of whom dare to speak their minds before special interests in a manner unbecoming of appointed judges.
To make matters worse, the Supreme Court appears to respond only to its own views of right and wrong, adhering to no code of ethics that we can follow or enforce. It has resisted all public efforts to adopt the same or similar code of ethics that governs the behavior of every other federal judge in the United States and to provide a mechanism for enforcing it. Nowhere else in government is such arrogance to be tolerated, and it should not be tolerated. Judges, whether elected or appointed, are public servants and must be held ethically accountable as they exercise the public trust.
The Supreme Court seems unconcerned about the mischief it has caused. Dobbs What was this decision that came just months before a pivotal decision was made that would overturn nearly 50 years of constitutional rights? The Chief Justice conducted an internal investigation to determine what allowed this historic blunder to happen, but unfortunately, it never revealed what was ultimately found or who was at fault. It’s none of our business. We deserve better. Transparency is key.
At least one judge recently came under scrutiny for allegedly receiving lavish trips, buying a family home, and paying for a family school tuition from a vested billionaire “close friend.” Other judges have also been less than diligent about filling out financial disclosure forms.
Does anyone really believe that if Justice Thomas had not been on the Supreme Court, any of his new-found, ideologically and politically-adherent “friends” would have supported him in any part of his life? I think their friendship can be more reasonably explained by his high status and the powerful voting power that reorders American life that attracts their generosity. Even if none of that “generosity” influenced his decisions, it should never have happened. Appearances matter, and on the U.S. Supreme Court, appearances matter most. Or they should.
Justices don’t recuse themselves from cases where it’s clear they need to do so these days. How can Justice Thomas remain silent on a January 6 immunity appeal when the facts of the underlying indictment reveal that his wife emailed the White House Chief of Staff on the very day of the riot in support of the theft? Or how can Justice Alito remain silent on the same immunity appeal in this political climate, or in fact any political climate, with the American flag flying upside down on a flagpole? I was taught to respect the flag, and I’m sure you were too. The flag means more than a fight with your neighbor. It’s disturbing.
The Supreme Court is fast losing its moral authority. The opinion polls prove it. For me, it’s not about whether I agree or disagree with the wisdom of the decision, but the questionable motives currently at work in making it and the seeming disregard shown towards ethics, transparency and overall integrity. In the administration of justice, perception is reality. At the Supreme Court, perception must be the currency of the country. So is reality. Anything less is not good enough. Or should not be good enough.
Something is wrong. This is not the Supreme Court I remember. This is not the Supreme Court I grew up respecting. If the Supreme Court continues to undermine its position and erode public trust and confidence, we will lose the only respected, independent umpire that protects freedom and guarantees equality. We will guarantee that if we accept the status quo. The legal community, like all citizens who care about the country their children will inherit, needs to stand up and speak out.
