The leaked draft of five conservative justices’ decision to overturn Roe v. Wade calls into question, like never before, the Supreme Court’s legitimacy in the eyes of the American public. Justices have long been united across philosophical lines in voicing their respect for precedent and established law. But now, everything is up for grabs. Americans have good reason to question whether rulings protecting the right to use contraceptives, or gay marriage, or the right to privacy are, in fact, the final word. In the eyes of the American public, political affiliation — not the Constitution — should now be regarded as the determining factor in future Supreme Court rulings.
Perception matters because the Supreme Court’s legitimacy hangs on the public’s respect for its rulings, which until now have been couched in imagery of black-robed legal scholars thoughtfully poring over prior legal cases and parsing the Founding Fathers’ writings to carefully arrive at a balanced and fair decision. Their mascot was Lady Justice, blind to outside political influences and carrying scales that tip only in favor of justice.
Today’s justices deserve to be regarded as little more than robed politicians who have already made up their minds, often based on personal religious bias. The majority’s rationale in this case is that because the Constitution is silent on the abortion question, the 1973 Roe v. Wade decision cannot stand.
