FAQ: What should you know about the Supreme Court of the U.S.?

tl;dr – The Supreme Court of the United States is a corrupt institution which routinely takes away rights from vast numbers of people, putting them in danger. It also does an incredible amount of work for the rich and powerful. Often, we are told that ideas to change the court and stop it from hurting anyone are unrealistic and unnecessary. It is difficult to get people to focus on the illegitimacy of the Court.

For the most part, what follows will focus on the Roberts Court, named after the conservative Chief Justice appointed by a Republican.

How does the Court hurt us?

The Supreme Court injures Americans in several distinct ways. The most prominent I want to bring to your attention: it either takes rights away or severely weakens them. This should alarm you no matter what your views are. What sense does it make to say someone has a right and then all of a sudden doesn't have one? The Court has endangered abortion access, making pregnancy incredibly dangerous. Women in Texas are currently dying because of an abortion ban. The Court has also gutted the Voting Rights Act, making it easier for states to indulge racial discrimination and dilute the voting power of minorities.

In general, it is good for a democratic government to expand rights, as that enables more voices to be heard and needs met. When rights for one group are endangered, there is no telling where that will stop, as government does not have to do anything for anyone. It can replace benefiting people and earning trust with creating fear and inspiring hatred.

Other things the Roberts Court has done:

• made it more difficult to sue employers
• effectively limited funds available for healthcare (see NFIB v. Sebelius)
• made it harder to protect the environment
• abused the shadow docket to pursue a political agenda
• indulged anti-trans bigotry

What about this 14th Amendment stuff I keep hearing about?

So today SCOTUS upheld the most obvious thing it could possibly uphold. The 14th Amendment very plainly states that if you are born on U.S. soil, you are a citizen. Here, see for yourself:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

This is not negotiable: you can say the Civil War was fought over this. The freed slaves needed to be granted citizenship and a larger commitment to multiracial democracy endorsed. But the current SCOTUS is playing with conspiracy theories and promoting the reasoning of white nationalists. So the vote saying that yes, someone born in the U.S. is a citizen, only succeeded 5-4, with a justice who is accused of sexual assault saying that Congress could create "new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country."

At least one commentator pointed out the dangers of the game SCOTUS is playing. Remember that the United States has a police force that arrests nuns when not jailing children:

Why do I hear people talk so nicely and reverently about the Court?

Historically, the Court has made some decisions which have given people power and rights. You've all heard of Brown v. Board of Education, which was supposed to desegregate schools. Roe v. Wade, which established the right to an abortion. Miranda v. Arizona, where we are read our rights when arrested. Obergefell v. Hodges, advancing marriage equality. There are many other cases where the Court has benefited people.

However, I urge you to think critically about the extreme deference shown the Court. There are quite a few who dismiss activists and protesters, e.g. actual people who fight for social change. They would rather celebrate SCOTUS justices. Again, the Court has done good things.

But it does seem a number of people talk reverently about the Court because they like doing propaganda for those with power. That's easy. It lets you bully anyone who earnestly has questions, or who (correctly) believes that nothing has to be this way.

Where does the Court get so much power?

The Court holds itself the supreme interpreter of the Constitution (see: judicial review), and as you can imagine, this has created some problems. The Court decided to alienate anyone who believed slavery was wrong in Dred Scott. This spilled over into the Constitution completely failing as the country tore itself into two, it being unclear whether there would ever be a United States again.

The Court also grabs power for itself in how it rules. You can reflect on how "selective incorporation" is the Court denying power to us as individuals (we're not guaranteed the full protection of the Bill of Rights? What the hell sense does this country make if not?) in order to have opportunities to pronounce its wisdom.

You said the Court is corrupt. Proof?

Four names at least: Thomas, Alito, Roberts, Kavanaugh.

The justices are seemingly allowed to take any number of "gifts" that are not direct payments as long as they disclose them. The rules about this have been changed, but I don't see why we should take any supposed reform seriously. I think many of us, as normal people with real jobs and actual ethics, would consider most if not all of these gifts to be bribes. Justice Thomas is a stunning case of corruption because of the amount of gifts he has taken from wealthy donors that he has not disclosed. As the broadcast below observes, he has gotten tickets to high profile sporting events, private jet rides, and exclusive vacations:

Justice Alito is also incredibly corrupt. Here you can read about his links to a hedge fund billionaire who had cases before the court. Apparently giving the right person a $100,000 vacation can help you win billions.

Chief Justice Roberts' wife has made millions recruiting for top law firms; disclosures were not initially made but very necessary. The Chief Justice's stock portfolio and personal wealth are also of interest; I've seen it reported that he is worth $25 million.

Justice Kavanaugh is infamous for his behavior.

How exactly do they benefit the rich and powerful?

Trump v. U.S. is perhaps the most dramatic example of the Roberts Court favoring the powerful. Trump, at the time a private citizen, was held to be immune for actions he took as President within the scope of his official powers. This was a fancy way of saying he could not be prosecuted for his role in getting a mob to storm the Capitol and attempt to kill Congress. Because of this decision, it is not clear that any President could ever be accountable for criminal conduct. If you watch the video below, note how the SCOTUS reporter is not terribly clear about how much power the Presidency gets, whereas Justice Sotomayor is furious:

But the decisions of the Roberts Court about campaign finance are also an enormous gift to the wealthy and powerful. The truth is that many elections are low turnout. With a smaller amount of voters, money can go far in getting the results a donor wants. You don't even need to advertise for your preferred candidate! Just spend tons of cash cultivating hate and suspicion against who you don't want to win. Decisions like Citizens United, which build on the ridiculous idea that money is speech, make it extremely difficult to regulate large sums of money flowing into campaigns.

What can we do about this?

• Insist on impeaching the Justices. Their corruption should be exposed! They shouldn't be allowed to make decisions about our rights when they literally can't be hired for a regular job anywhere. Some wouldn't pass a background check.
• Expand the court. Why only 9 Justices? If we're going to have this body be the supreme interpreter of the Constitution (which, truth be told, is not the wisest thing), we need the Court to be representative and responsive to people. The power they claim demands nothing less.
• Steve Vladeck has a bunch about court reform in his Substack.
• Honestly, I want a new constitution. This sucks. The Senate is an obstacle to democratic rule; it is impossible to impeach and remove the President; bigotry and inequality are rampant and encouraged by the extremely limited way we conceive rights. We can't have anything better than this?