Justices Hint at Strains as Supreme Court Comes Under Scrutiny

"It is so important for the public to perceive us as neutral, nonpartisan, because public confidence is really all the judiciary has. That's our currency, Justice Jackson said during a wide-ranging conversation with a federal judge from South Carolina at the American Law Institute's annual meeting in Washington. It's incumbent upon us to do things, to act in ways that shore up public confidence."

"Justice Ketanji Brown Jackson criticized the court for disrupting its normal practices through quick-turn, often unexplained emergency orders and warned that the public loses confidence in the court when its decisions appear political. As the justices have traveled the country this month for public appearances, a traditional part of the court's schedule after finishing oral arguments for the term, they have seemed intensely aware of a public debate about their relationships with each other and the court's own legitimacy."

"In Pennsylvania earlier this month, Chief Justice John G. Roberts Jr. insisted the public is misguided to think of Supreme Court justices as political actors. In Florida last week, Justice Clarence Thomas, who has served since 1991, waxed poetic about his deep friendships with justices from an earlier era, saying there is nothing negative about his relations with the newer crop of colleagues while acknowledging the court is now different."

"Justice Jackson's comments hint at what appear to be frayed relations among some of the justices as the court prepares to issue its final rulings, many in deeply consequential cases, before the term ends in late June or early July. Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times."

Chief Justice John G. Roberts Jr. said the public is mistaken to view Supreme Court justices as political actors. Justice Clarence Thomas described long-standing friendships with justices from an earlier era and said his relationships with newer colleagues are not negative, while acknowledging the court has changed. Justice Ketanji Brown Jackson criticized the court’s use of quick-turn emergency orders that are often unexplained, warning that the public loses confidence when decisions appear political. As justices traveled for public appearances after oral arguments, they emphasized the importance of neutrality and legitimacy. Jackson said public confidence is the judiciary’s currency and urged actions that shore it up as the court prepares major final rulings.

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