The Flawed Civic Understanding behind Attacks on the Supreme Court

Criticisms of SCOTUS show a deficient understanding of the Constitution’s ‘structural protections’ and our need for them.

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People hold signs decrying Supreme Court Justice Clarence Thomas in front of the Supreme Court Building in Washington, D.C., April 13, 2023.

Jonathan Ernst/Reuters

Americans are developing a distorted view of the proper role of the U.S. Supreme Court, thanks to an ongoing torrent of criticism from the press, politicians, and activist groups. To protect the constitutional order, it’s time for voters to reacquaint themselves with the true purpose of the nation’s highest court.

Utah senator Mike Lee (R.), speaking at the Sutherland Institute Congressional Series in August, pointed out that “structural protections in the Constitution” are often overlooked but provide a bulwark against dangerous concentrations of power. The Court, when it carefully adheres to its proper role, is one such protection.

WC

About the Author

William C. Duncan

William C. Duncan is the Religious Freedom Policy Fellow at Sutherland Institute, an independent, nonpartisan public-policy think tank in Salt Lake City, Utah.

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