Opinion / Christopher Cermak
Court in a storm
It’s difficult to overstate the polarisation in the US today but one institution that had at one point seemed (somewhat) above it all was the Supreme Court. That is no longer the case: American liberal media appears to have abandoned all pretence of viewing the nation’s nine justices (pictured), six of whom were appointed by Republican presidents, as trusted arbiters of the US constitution.
The shift is due to a series of recent decisions that have gone against progressive causes, including fears that Roe v Wade, a 50-year-old ruling legalising abortion across the nation, could soon be overturned. Another lightning rod was the striking down of Joe Biden’s vaccine mandate for large employers, prompting Paul Waldman of The Washington Post, for example, to ask if the court would have ruled the same way in a Republican administration: “There’s no way to know for sure but I have my suspicions,” he wrote.
Conservative-leaning media are rightly criticised for undermining the credibility of our elections but mainstream outlets challenging the Supreme Court’s authority aren’t much better. Whatever your view of vaccine mandates, it is not illogical for a court to see that this is a matter for states or Congress to decide, rather than the federal government; the same might even be said for abortion rights.
Yes, this current court appears suspicious of federal overreach, particularly of making decisions that haven’t been approved by Congress. There are also legitimate questions over its overly ideological makeup and the naked politics that delivered the current conservative majority. But for journalists to suggest that the nation’s top court disregards the law is reckless. For one thing, let’s remember that this is still the court that refused to play any part in efforts to overturn the 2020 election result, as Donald Trump might have desired. We undermine its authority at our peril.