Opinion by Jason Willick: Two contradictory major rulings paradoxically might have helped consolidate the conservative court’s authority and marginalize its liberal critics.
Rulings by the court’s six-justice conservative majority will test Democrats’ respect for the institution, it is true. But the court’s conservative turn has also enhanced Roberts’s standing. The presence of five other conservatives in polarized cases forces Roberts to join the conservative majority if he wants to write the opinion of the court. Instead of negotiating with the conservative bloc, this term he led it.
The progressive wing of the court’s leftward drift might also help legitimate the conservative majority. Justice Elena Kagan wrote an unusually aggressive dissent blastingthat blocked President Biden’s unilateral waiver of $430 billion of student debt. Kagan wrote that the ruling was “no proper role for a court” and “a danger to a democratic order.” This appeared to alarm Roberts, who wrote that her claims were “disturbing.”They were certainly overwrought.
The Supreme Court’s legitimacy is hotly contested, but under-theorized and poorly defined. Is the court legitimate when it reflects society’s prevailing beliefs — or defies them in defense of a higher principle? Is it legitimate when it polls well? Is it legitimate when it butts out of political controversies altogether? Or finds novel ways to assuage them?
There’s no comprehensive answer to these questions, which are as old as the federal judiciary. But the Constitution’s system of checks and balances means that multiple authorities — states, presidents, courts, congresses and private institutions — all compete for power and prestige. The Roberts court is under pressure from many sides. But at the end of another historic term, its constitutional turf seems well-defended.
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