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Criticizing the Supreme Court for Eroding Its Own Legitimacy

Published July 28, 2026 at 12:03 PM UTC

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The record-low approval rating is a direct consequence of the Supreme Court’s own actions. In recent years, the conservative supermajority has pushed through sweeping changes on abortion, gun rights, and affirmative action, often overturning long-standing precedent. These rulings have not only alienated a broad swath of the public but have also exposed the Court as increasingly partisan. Ethics scandals involving undisclosed gifts and travel by justices have compounded the damage, making the Court seem unaccountable. When a third of Americans say they have 'hardly any' confidence in the Court, it signals a breakdown of trust that no institution can afford. The Court’s defenders argue that it should ignore public opinion, but that ignores a basic reality: the Court relies on voluntary compliance. If large segments of the population view its decisions as illegitimate, they will resist them, as seen in the patchwork enforcement of abortion bans. Moreover, the Court’s refusal to adopt a binding ethics code fuels perceptions of hypocrisy. The current low is not a temporary blip—it is a warning that the Court is drifting away from the public it serves. Without meaningful reform, the erosion of trust will only accelerate, weakening the judiciary as a cornerstone of American democracy.