How did the Supreme Court become so polarized?


Publish Date:
October 5, 2022
ABC News
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But, the court draws its power from the American people’s acceptance of its power, according to another expert.

“As an institution, it has built up regard over the centuries and has built up the power to command authority and to get the political branches to follow its decisions. But in a large respect, that power depends on its acceptance by the American people. If the American people don’t accept the judgments of the Supreme Court, it will lose the power that it has,” said Bernadette Meyler, a professor at Stanford Law School.

Even though the court is designed to be apolitical, the process of appointing a justice is very political. Justices are nominated by the president and confirmed by the Senate, all politicians who are very aware how important their vote is to voters.

“I think that the story of how we got this current Supreme Court is very interesting. It really begins in a way with the decision of Roe and the backlash against that decision in favor of women’s right to choose an abortion,” Meyler said.

After Roe was issued in 1973, conservatives spent decades working to transform the judicial branch.

“In the aftermath of that decision, a lot of conservative thinkers were trying to figure out what kind of constitutional strategy would work to overturn the decision of Roe and other rights-protective decisions that had emerged from the Warren Court and afterwards,” Meyler said.

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