The court is nearing a full blown legitimacy crisis. Only the Justices themselves can stop it.
. The court is as unpopular now as it has been in a generation. Many progressives—who reasonably fear what the new conservative majority portends for everything from the modern administrative state to the social safety net, elections, and the rights of criminal defendants—smell blood in the water.
I too am worried. I see the justices behaving in ways that, whether deliberately or not, reinforce the progressive narrative that the court has been subject to partisan capture, and I cringe. I see friends on the left plotting congressional attacks on the court’s jurisdiction to make it harder for the justices to even hear certain kinds of disputes, and I shudder.
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