Sunday, September 6, 2020

An opinion piece from Roll Call: Why we need an independent Supreme Court

This isn't news, it's opinion. It relates to an important quality demanded on the part of the Supreme Court, that they be independent. The author targets proposals to increase the size of the Supreme Court.

This means they are free from control by outside forces - notable the legislative and executive branches.

- Click here for it.

The events of the last few months have shaken America’s trust in the institutions we rely on to keep us healthy and safe.

In this increasingly divisive political climate, I often think about how challenging it is to build and maintain trust in the institutions that are integral to preserving and protecting our democracy. Every day we see people in leadership and among our citizenry behaving in ways that erode our trust in Congress, the presidency, and the judiciary. But on the positive side, we also see people across the political spectrum working hard to restore trust and make our democratic government work better for the good of its people and the world.

When our Founding Fathers wrote the Constitution, they created a broad governing structure and process — with power balanced among three equal branches — that established the parameters for adopting and executing public policy. What they created is integral to building public trust.

Over the years, the public has often placed greater trust in the judiciary than in the legislative and executive branches of government. But in recent years, Gallup polls have found that only about half of Americans approve of the way the Supreme Court is handling its job. In an Annenberg survey from last fall, more than half the respondents said that while they trusted the court, they believed it was too political. And we all know that the process of appointing justices can be very politicized.

Toward the goal of depoliticizing and creating a more balanced Supreme Court, some argue we should create a system for packing the court. Most, if not all, of these proposals would increase the court’s size. (While the Constitution does not specify the size of the court, Congress set the number of justices at nine in 1869.)

But I believe any effort to pack the court would only undermine its independence, which is central to a fair judiciary, and make it even more political. It would also further polarize and divide our nation.