U.S. Supreme Court
By Jack Bernard, contributing columnist
PEACHTREE CITY, Ga. | The Supreme Court of the United States (SCOTUS) is no longer the respected institution that it once was … and for good reason. Its recent decisions have been politically and ideologically biased, voiding present and long-established legal principles. Plus, certain justices have taken what could generously be called inappropriate financial incentives from wealthy GOP donors with business before the court.
On the first point, multiple Gallup polls have found that Americans are increasingly distrustful of SCOTUS. Per Gallup, in 2002, 62 percent of Americans approved of the way that SCOTUS was “handling its job.” Twenty years later, only 40 percent approve. That is a drop of historic proportions, the largest since polling began.
The question of “why” is key, but easily answered. Because of the 6-3 conservative politicization of the court and its decision making, there is a dismal 17 percent approval rate among Democrats. But possibly more importantly, only 41 percent of independents now approve of SCOTUS. An important factor contributing to this loss of confidence is the ideologically based SCOTUS overturning of the widely accepted Roe vs Wade decision of 1973, which established a woman’s right to control her own body. But there have been numerous other ideologically based decisions as well in important areas such as gun control and voter rights.
There is a disturbing pattern when it comes to individual members of the court. Most Americans, including Independents, do not have a positive view of Justice Clarence Thomas. Three fourths of Democrats view Thomas negatively. However, despite all of his ethical problems, over two thirds of GOP voters still support him. For them, it is obviously more important that Thomas votes ideologically rather than have ethics.
Thomas once wrote “success (as well as failure) is the result of one’s own talents, morals, decisions, and actions.”
- When nominated for SCOTUS, Thomas was opposed by the NAACP and confirmed by a very narrow 52-48 majority. This vote was because of allegations that Thomas had sexually harassed Anita Hill while a federal employee during the Reagan administration. It should be noted that the only reason he was approved is that many Southern Dixiecrats (including Georgia’s two Senators) supported him.
- Over the last 20 years, there have been repeated allegations that Thomas has accepted various “gifts” from Dallas billionaire Harlan Crow, a major GOP donor. These include annual luxury private airplane and yachting trips, as well as stays at Crow owned resorts.
- It is also alleged that Thomas’ wife has gotten funding via third party groups funded by Crow and others. Much of this has gone unreported by Thomas.
- Thomas has allegedly been indirectly given money by Crow via paying private school tuition for one of his relatives.
There have been similar questionable actions taken by Justice Samuel Alito, who also allegedly took similar luxury trips from conservative donor Paul Singer. He never declared these gifts, and later heard cases involving Singer. Alito failed to recuse himself, an obvious breach of legal ethics.
In private, moderate GOP politicians deplore the lack of values and ethics shown by supposedly conservative men of faith. However, solely for political gain, Congressional GOP members will never act to correct this very public problem. Plus, more ethical GOP officials are choosing to leave office (one example being Senator Mitt Romney) rather than fight the MAGA extremist wing of the party.
Only recently have we seen SCOTUS establish a court code of ethics. The question: is it too late for SCOTUS to regain its non-political status?
- Have a comment? Send to: elliott@brack.net
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