Chief Justice John Roberts recently complained that the leaked draft opinion that would overturn Roe V Wade had tarnished the image of the court. He is so incensed, he has taken to starting an invasive investigation of the clerks and others working in the court in an effort to find the leaker.
Now I would certainly agree with Justice Robert’s view that the courts image is damaged, I would suggest though that it has been going down hill for years and the leak is just the latest in a string of issues
Growing up I always looked at the Supreme Court as a non-partisan institution that was beyond reproach. To me they were 9 individuals that looked beyond partisan politics and interpreted the law based strictly on the Constitution. As the years went by it became more and more obvious to me that the Supreme Court was just another partisan organization who decisions revolved not on the law but on which party had been able to load the court with their judges.
Anyone who still believed that the court was non-partisan even after watching the majority of decisions being made along the lines of which President had nominated the judge, could no longer deny this after President Obama nominated Merrick Garland for the Supreme Court in early 2016.
Soon after Garland was nominated, the Senate led by Mitch McConnell announced that they were not going to consider Garland’s nomination and would instead wait for after the election 8 month’s later in hopes that a Republican would win and therefore be able to choose his nominee. Of course this happened and Donald Trump selected Neil Gorsuch and the rest is Supreme Court packing partisan history.
So Justice Roberts, yes your court has an image problem but no, finding the leaker will do absolutely nothing to fix it. If and until the court actually rises above partisanship, it will continue to be looked at no better than the rest of our political system. If you don’t like a decision, just work to stack the court in your favor and eventually you’ll get the decision you want regardless of its Constitutionality.