Scrutiny of the Court

The Supreme Court, by Bernard

The Supreme Court has been so embroiled in controversy in the last twenty-five years that it has rarely received calm, considered criticism. One has the impression that only Liberals have taken the trouble to write books about the Court; and these books have reflected the current view of the Court held by the Liberal community. Hence in the 1930s the tone was that of intemperate abuse; in the middle 1950s it has been that of indiscriminate adulation. The results may have been helpful to the authors in providing a release for their emotions, but the public derived little benefit. This has been unfortunate. As the late Chief Justice Stone said in a remark quoted by Professor Schwartz: “When the courts deal, as ours do, with great public questions, the only protection against unwise decisions, and even judicial usurpation, is careful scrutiny of their action and fearless comment on it.”

CW

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C. Dickerman Williams

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The Supreme Court, by Bernard

The Supreme Court has been so embroiled in controversy in the last twenty-five years that it has rarely received calm, considered criticism. One has the impression that only Liberals have taken the trouble to write books about the Court; and these books have reflected the current view of the Court held by the Liberal community. Hence in the 1930s the tone was that of intemperate abuse; in the middle 1950s it has been that of indiscriminate adulation. The results may have been helpful to the authors in providing a release for their emotions, but the public derived little benefit. This has been unfortunate. As the late Chief Justice Stone said in a remark quoted by Professor Schwartz: “When the courts deal, as ours do, with great public questions, the only protection against unwise decisions, and even judicial usurpation, is careful scrutiny of their action and fearless comment on it.”