Appointments and interpretation won't fix the Supreme Court

The legitimacy problems long preceded Trump and Biden

John Roberts.
(Image credit: Illustrated | AP Images, Getty Images, iStock)

It's a busy season for the Supreme Court. The justices are now deep into an annual docket that includes major cases on abortion, religious education, gun rights, state secrets, and unintentional discrimination — and just this week, a preliminary ruling on congressional redistricting. With the pending retirement of Stephen Breyer, they also face a looming confirmation battle. Through it all, there's a backbeat of criticism from progressives who fear the court's slant to the right since the Trump Administration.

These conditions don't quite add up to a crisis. Even so, the pressure is rising in judicial politics. That's a headache for Chief Justice Roberts, who's tried to keep the court above the political fray. But it's also an opportunity for the rest of us to confront recurring paradoxes that seem inextricable from the court's very design.

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Samuel Goldman

Samuel Goldman is a national correspondent at TheWeek.com. He is also an associate professor of political science at George Washington University, where he is executive director of the John L. Loeb, Jr. Institute for Religious Freedom and director of the Politics & Values Program. He received his Ph.D. from Harvard and was a postdoctoral fellow in Religion, Ethics, & Politics at Princeton University. His books include God's Country: Christian Zionism in America (University of Pennsylvania Press, 2018) and After Nationalism (University of Pennsylvania Press, 2021). In addition to academic research, Goldman's writing has appeared in The New York Times, The Wall Street Journal, and many other publications.