The Supreme Court is under attack. It has been under attack for years, almost exclusively from the left. And by “under attack,” I don’t mean the peaceful criticism. I mean everything from challenges to its legitimacy to outright ignoring its rulings to death threats against conservative justices.
This began years ago. Chief Justice John Roberts initially responded by trying to stay apolitical and by trying to ignore the criticism. When President Barack Obama called him out during his 2010 State of the Union address, Roberts called the stunt “very troubling.” In the last two decades, that has been the entire extent of his pushback against the left.
In the last couple years, leftist district judges and leftist federal judges issue decrees and stays that directly contradict recent rulings from the Supreme Court itself. Last August, Justices Brett Kavanaugh Neil Gorsuch also publicly rebuked lower courts for having to reverse orders from lower courts regarding issues that the Supreme Court (SCOTUS) had already addressed. But not by Roberts.
Last September, a group of anonymous federal judges criticized recent emergency stays that SCOTUS granted. In interviews with NBC News, these judges said such rulings imply that the lower courts are doing shoddy work (yes, that’s the point). One judge quipped, “It’s inexcusable. They don’t have our backs.” Far be it from me to explain to this judge that the job of SCOTUS is not to “have their backs.” It’s John Roberts’ job to explain this to them. And yet, nary a peep.
District Judge Brian Murphy has twice openly flouted SCOTUS decisions. For his obstinacy, Justice Elena Kagan, of all people, publicly rebuked him. But still nothing from Roberts.
Then there is the internal drama.
It burst into the open with the Dobbs decision, which the liberal justices deliberately slow-rolled in an attempt to stave off the inevitable. The problem arises because no SCOTUS decision is binding until the justices’ opinions are finalized and publicized. If a justice happens to die in the interim, then that justice’s vote is nullified.
This rule applies even if a justice dies from assassination. Like, you know, what almost happened to Brett Kavanaugh in June 2022. An armed suspect showed up outside his home, and his presence was made known to the authorities only because the suspect got cold feet and called the police and turned himself in.