Supreme Court's Public Confidence Hitting a Historic Low, What Implications Could This Have on the Rule of Law?

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Supreme Court's Public Confidence Hitting a Historic Low: What Implications Could This Have on the Rule of Law?
Unsplash/Adam Michael Szuscik

Public trust in the United States Supreme Court has taken a severe hit, reaching historic lows. This revelation comes from a Gallup annual survey where only a quarter of surveyed Americans expressed 'quite a lot' or a great deal of confidence in the Court. This proportion has shrunk from 36% in 2021 to 25% in 2022.

Is the Rule of Law Under Threat?

Institutions that constitute a democracy thrive on public trust. The rule of law is a key beneficiary of this relationship. When the faith of the ordinary populace in their judicial system diminishes, the respect commanded by the judiciary also suffers. An implication worth considering is the vulnerability of the rule of law to such a decline in public confidence.

Data - An Imperfect Measure

Legal practitioners, however, caution against taking these poll figures at face value. Several factors make these numbers an imperfect measure of public sentiment. The eroding public confidence represents the judiciary's sometimes counter-majoritarian role rather than an overall distrust.

For instance, a conviction overturned due to constitutional grounds may agitate the public but remain within the 'rights of law.' David F. Levi, Director of the Bolch Judicial Institute, suggests that substantial changes in legal rulings from previous significant benchmarks could also involve strong public reactions, resulting in these sentiment metrics.

Matters of Perception and Confidence

However, public perception and its subsequent response towards judiciary rulings undeniably impact the rule of law. The weight of public confidence in maintaining the balance of our legal system cannot be dismissed, says appellate judge Raymond J. Lohier.

A waning confidence among the public could result in a growing trend of disregarding court mandates and orders, undermining the judicial system. Additionally, the global perspective of the United States judicial institution may also perceive these decisions as being prejudiced, reducing its standing in the international community.

Future Implications and the Rule of Law

So, what does all of this mean for the future of the rule of law? As Judge Lohier explains, flagging confidence in the courts puts the rule of law at risk, making it prone to volatilities from various social and political actors.

One could argue that as the judiciary continues to be treated as a partisan institution, the rule of law could potentially lose its stature in society, and people could resort to 'non-judicial means' for conflict resolution.

The Importance of Legal Assistance in Upholding Trust

While it may look grim, the silver lining, as Lohier points out, is the continued trust of the legal fraternity, the Bar, in the judiciary. However, a critical factor would be whether this confidence wanes over time, signifying a severe problem.

In this light, the role of experienced lawyers becomes invaluable. Ensuring access to sound legal help is not just about defending one's rights - it's about restoring confidence in the justice system.

This public loss of trust in our judicial system underscores the need for lawyers to guide the public's understanding of complex yet integral judicial decisions. So, let's lend our voice to the pursuit of truth.

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