'To preserve the Court's legitimacy as an institution that differs from the elected branches, the justices have to appear willing to sometimes 'say what the law is' in ways that do not serve their personal or partisan preferences.'
at an event last week that he doesn't understand current questions about the Supreme Court's legitimacy."The [Court's] decisions have always been publicly criticized," the chief justice said, but it is a"mistake" to view those critiques as questioning the Court's legitimacy so long as the Court keeps doing its job, which is"to say what the law is."
But is the Supreme Court actually doing its job? Courts are supposed to operate under rules and norms that discourage overreach and encourage public confidence. By deciding questions it doesn't have to, making major decisions via unexplained orders, and tainting key rulings with ethical lapses, last term's decisions give the public reason to think the Court is not saying what the law is, but what the justices personally prefer it to be.
In Dobbs, for example, Mississippi first told the Court it could uphold both Roe v. Wade and the state's abortion ban. Mississippi only changed its argument after Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg, and the new Court majority embraced this gambit. And in West Virginia v.
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