Concerns Over the Legitimacy of the U.S. Supreme Court
Dec, 19 2025
The legitimacy of the Supreme Court has been a topic of concern since the 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey, which underscored the importance of public acceptance for the court's authority. The conservative justices, particularly following the appointment of Amy Coney Barrett, have increasingly acted in ways that suggest a disregard for this legitimacy, focusing instead on consolidating power within the executive branch.
Recent rulings have allowed the president to exert control over federal spending and have authorized practices such as racial profiling in certain cities. The court's potential move to declare independent agencies unconstitutional could further empower the executive branch, raising alarms about the erosion of checks and balances.
While liberal justices have become more vocal in their dissenting opinions, there is a divide among them regarding the extent to which they should acknowledge the court's departure from its traditional role. Some, like Justice Ketanji Brown Jackson, have begun to alert the public to the court's declining integrity, while others remain cautious, fearing that such admissions could undermine their collective influence.
Critics of the court's recent trajectory argue that the focus should not merely be on the manner in which decisions are made but on the broader implications of a court that appears increasingly partisan. The ongoing debate among legal scholars and practitioners reflects a growing recognition that the current structure of the Supreme Court may not serve the interests of a democratic society.
As discussions about reforming the court gain traction, there is a call for a reimagining of its role to better align with democratic principles. This includes proposals to expand and limit the power of federal courts, emphasizing the need for a system that empowers ordinary citizens rather than perpetuating oligarchic rule. The current state of the Supreme Court highlights the urgent need for institutional reform to restore public trust and ensure that the judiciary serves its intended purpose in a democratic society.