Phillipsburg, NJ asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York

Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the Federalist Society pulling the strings. This isn’t ethical and I don’t understand how the highest court in the land can be controlled by big money?

1 Lawyer Answer
James L. Arrasmith
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A: The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing as a neutral arbiter. This perception can lead to a loss of faith in the judicial system as a whole, as it may appear more like an extension of partisan politics rather than an independent branch of government.

Decisions that appear to contradict earlier rulings or that selectively apply legal principles can contribute to doubts about the court’s consistency and fairness. It’s crucial for the judiciary to maintain a balance and demonstrate adherence to legal principles to preserve its authority and trustworthiness. When decisions are perceived as being driven by external influences rather than legal reasoning, it can undermine the court’s credibility.

The influence of organizations like the Federalist Society in shaping the judiciary raises questions about the extent of external influence on the court. While it’s common for various legal and political groups to have ideological leanings, the direct impact of such groups on court decisions should ideally be minimal to uphold judicial independence. Ensuring transparency and accountability in how justices are influenced and make their decisions is vital in maintaining the court’s integrity and public trust.

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