It has long been established that the most mysterious branch of the government in the swamp is the Supreme Court. What is it, exactly, that the robed ones do in their building all day long before handing down decisions that can and do impact life in the United States from coast to coast?
A lot of reading, writing, and meeting goes on, actually, and what comes out can seem to the public like it is partisan in nature and completely political. In recent weeks, there has been a lot of criticism of the court regarding that.
The justices, though, are not taking such criticism lying down. An unlikely trio of them have come out and claimed that they are not partisan and that the politicizing from the bench is not what they try to do.
The first justice to make such a claim was freshman Amy Coney-Barrett.
“My goal today is to convince you that this court is not comprised of a bunch of partisan hacks,” Barrett said on Sunday at the University of Louisville’s McConnell Center, a department founded by Senate Minority Leader Mitch McConnell.
The second was the liberal veteran Stephen Breyer.
“A lot of people will strongly disagree with many of the opinions or dissents that you write, but still, internally, you must feel that this is not a political institution,” Breyer told The Washington Post on Monday.
And, now, Justice Clarence Thomas, the senior member of the group, adds his voice to this chorus along with a bit of a warning.
“When we do that, and we begin to venture into political, legislative or executive branch lanes and resolving things that are better left to those branches – where people actually have some input and some opportunity to participate in the electoral process as to who those leaders are,” Thomas said, “Those of us, particularly in the federal judiciary with lifetime appointments, are asking for trouble.”
“The court was thought to be the least dangerous branch, and we may have become the most dangerous,” he added. “And I think that’s problematic.”
Thomas also came to the court’s defense, emphasizing its independence amid criticism that the nine justices behave like politicians.
“It may work sort of like a car with three wheels, but still, it works,” he said. “I think we should be careful of destroying our institutions because they don’t give us what we want when we want it.”
That’s just it. In a country and culture where instant gratification is a feature, We the People can get impatient when court decisions are not what we think they should be.
And, that, may well be the root of all the criticism.
In rare public remarks, Supreme Court Justice Clarence Thomas told a Notre Dame crowd, "I think the court was thought to be the least dangerous branch, and we may have become the most dangerous." pic.twitter.com/EHK2pEGWdB
— The Recount (@therecount) September 17, 2021
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