Our Misunderstood Judiciary

The Supreme Court has been at the center of controversy in recent years. But here’s the thing: The Supreme Court has been at the center of controversy … pretty much forever.

In 2022 and 2023, only 40% of Americans approved of the U.S. Supreme Court, a record low. And around half of Americans tell pollsters that, rather than being neutral arbiters of the law, the justices are “just like other politicians.”

While the media tends to focus on hot-button issues that divide the Court, the justices actually agree a lot more than you might think. During the past decade, an average of 43% of Supreme Court cases were decided unanimously every year. The reason: because there’s pretty wide agreement between the justices that their role is to interpret the law free from political considerations.

So, while many Americans regard today’s Supreme Court as being uniquely out of control, there’s actually nothing unique about it. The Court has been a lightning rod throughout our history precisely because it’s charged with resolving the hardest questions in American law. As a result, many Americans criticize the Supreme Court when what they actually dislike is the content of our laws or the Constitution.

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