
Written by William C. Duncan
September 6, 2023
Originally published in the National Review.
Americans are developing a distorted view of the proper role of the U.S. Supreme Court, thanks to an ongoing torrent of criticism from the press, politicians, and activist groups. To protect the constitutional order, it’s time for voters to reacquaint themselves with the true purpose of the nation’s highest court.
Utah senator Mike Lee (R.), speaking at the Sutherland Institute Congressional Series in August, pointed out that “structural protections in the Constitution” are often overlooked but provide a bulwark against dangerous concentrations of power. The Court, when it carefully adheres to its proper role, is one such protection.
Unfortunately, in attempting to stay true to its proper role, the Court has drawn intense criticism, particularly after the Dobbs v. Jackson Women’s Health Organization decision, in which the Court returned the authority to regulate abortion to the states. After a draft of the decision was leaked to the press, Gallup found that confidence in the Supreme Court had reached a “historic low.” Akin to the cliché of a bully pinning a victim down and making the child slap himself while taunting “stop hitting yourself,” the latest barrage against the Court should be interpreted as an effort to bully it out of…
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