Supreme Court justices adamantly declare they are above the grubby machinations of partisan politics. But that narrative is contradicted by events like last week’s speech by Justice Neil Gorsuch to a closed-door gathering of the conservative Federalist Society that also included such Republican luminaries as former Vice President Mike Pence and Florida Gov. Ron DeSantis. Justice Clarence Thomas, meanwhile, refuses to recuse himself from cases in which his conservative-activist wife is actively engaged.
Lofty declarations aside, some justices aren’t even going through the motions anymore of staying above the partisan fray. That’s not good for a nation that increasingly views the high court as just another combatant in the culture wars. Calls for a formalized code of conduct could help.
Claims to nonpartisanship are difficult to believe when the conservative block repeatedly renders decisions that appear to be less about legal conclusions than political ones. The latest example was this week’s 5-4 decision allowing Alabama to keep a congressional map that creates just one district (of seven total) favorable to a Black candidate, even though Black citizens make up more than a quarter of the state’s population. The map is clearly designed to undermine not only Black representation, but Democratic power.
