Samuel Alito, Supreme Court Justice, responded to critics questioning the legitimacy of Supreme Court following a series of rulings that reacted against the liberal agenda.
What’s the background?
Since the 1990s, Democrats have openly questioned the legitimacy of this court. This was most evident after former President Donald Trump was allowed to appoint one third of its current justices.
This rhetoric reached fever pitch after the court ruled in support of the Second Amendment in the case of a New York law restricting concealed carrying.
What did Alito say about this?
Alito rebuked anyone who doubts the legitimacy of the Supreme Court in a Tuesday interview at Heritage Foundation
He said, “Everyone in this country can disagree with our decisions.” Everyone is allowed to critique our reasoning and do so in strong terms. That is certainly true in the media, as well as in the writings of professors of law and on social media.
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He said, “But to claim that the court exhibits lack of integrity it is something quite different.” “This speaks to character.
Alito said, “Someone crosses an important line when he or she claims that the court is acting illegally.” Alito continued, “I don’t believe anyone in a position to make such a claim lightly. This is more than just criticism. This is something quite different.”
Alito condemned, during the interview, the leakage of his opinion draft which indicated that the court would overturn Roe.
He said, “It was an awful act of trustlessness by someone.” It was shocking because it was the first time such an incident had ever occurred in the past. It definitely changed the atmosphere at court for the rest of the term.
He said that the leak made those who were believed to be in the majority to support Roe and Casey’s overruling became targets for assassination. “It gave people a rational basis to believe they could stop that from happening by killing an of us.”
Chief Justice John Roberts condemned similarly those who question the legitimacy of the court issuing opinions they don’t like.
Roberts stated last month that the court has always ruled on controversial cases. Roberts also said that decisions have been subject to severe criticism and that this is perfectly appropriate.
He added, “But I don’t understand the connection between opinions people disagree with the legitimacy of Supreme Court,”
Ironically, Justice Elena Kagan expressed concern about the legitimacy of the court if they lose public support.
She said that she was not referring to any specific decision or series of decisions. However, if the court loses any connection with the public over time, it’s a dangerous thing in a democracy,” she stated in July, Reuters reported.
She said that “Overall, the court’s legitimacy is maintained and public confidence is fostered by acting like one,” and she continued, “Overall, the court acts like a court by doing the things that don’t seem to be political or partisan.”
