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The major Supreme Court decisions to watch for in June
In June, the US Supreme Court will begin issuing decisions on cases involving everything from reproductive rights to gun ownership to homeless encampments to former president Donald Trump’s criminal cases. Yale Law School Lecturer and staff writer at the New York Times Magazine Emily Bazelon joins Ian Bremmer on GZERO World to unpack some of the biggest cases on the docket this year and what’s at stake in some of the major decisions expected to come down next month.
This year’s SCOTUS term comes at a time when approval for the Court is at an all-time low. As of September of 2023, a record 58% of Americans disapproved of how the Court handles its job. That follows multiple ethics scandals involving Associate Justice Clarence Thomas and a string of conservative decisions, including the 2022 Dobbs decision striking down the right to abortion, increasingly out of step with public opinion. With the Court wading into the 2024 election and former President Trump’s immunity claims, it risks being seen by the public as even more partisan and politicized.
“As an American, I want to have a good faith belief in the justices’ approach,” Bazelon says, “After a certain number of cases come out in particular ways, you start to feel like cynicism is realism about the Court."
Catch GZERO World with Ian Bremmer every week on US public television (check local listings) and online.
Ian Explains: Does it matter if Americans don't trust the Supreme Court?
Public approval for the US Supreme Court is at an all-time low. But how much does that matter really? On Ian Explains, Ian Bremmer breaks down why voters believe the Court has become more partisan and politically motivated in recent years and whether public perception makes any difference in how it operates.
According to Gallup polling, SCOTUS has had a strong net approval rating, much higher than the President and Congress, for most of the last 25 years. But as of September 2023, 58% of Americans disapproved of the Supreme Court, a record high. The Court’s credibility has come under fire following ethics scandals involving Justice Clarence Thomas and a string of 6-3 conservative majority opinions, like the June 2022 Dobbs v. Jackson Women’s Health Organization decision overturning Roe v. Wade, increasingly out of step with public opinion.
It’s a class question of separation of powers: The justices aren’t elected, and the judicial branch of government isn’t designed to respond to popular will. But if SCOTUS falls out of step with voters completely, it risks losing the very thing that gives it legitimacy: public faith.
Catch GZERO World with Ian Bremmer every week at gzeromedia.com/gzeroworld or on US public television. Check local listings.
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Who cares if the Supreme Court justices like each other?
Yale legal scholar and New York Times Magazine staff writer Emily Bazelon wants to have faith in the Supreme Court. "I want to have a good faith belief in the justices' approach to these cases” she tells Ian Bremmer in a new episode of GZERO World. But in a wide-ranging conversation in which Bazelon and Bremmer preview the major cases facing the Supreme Court this spring, Bazelon confesses that the past few years have tested her faith.
“After a certain number of cases come out particular ways, you start to feel like cynicism is realism about the Court."
And Bazelon is not alone. Public faith in the Supreme Court is at record lows, thanks to its rightward tilt and ethical questions surrounding the conduct of Justice Clarence Thomas. And that’s a problem, Bazelon says, not just for America but for the justices themselves. “They all have an incentive to protect the institution, the liberals as well as the conservatives. They don't want to see Americans lose total faith in the Court. That's not good for them and their job security and their collective legacy.”
But do the justices themselves get along? Bazelon couldn’t care less. “I'm personally mystified why they think we should care about that. I don't care whether they can be nice to each other when they're having lunch, whether they're collegial. I care about whether American law is going in a direction that makes sense to most Americans.” But at a time when the country itself could not be more divided, could collegiality in the highest court of the land be just the thing that Americans cling to?
Watch the full interview with Emily Bazelon on GZERO World with Ian Bremmer on US public television beginning this Friday, May 3. Check local listings.
Catch GZERO World with Ian Bremmer every week on US public television (check local listings) and online.
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U.S. Supreme Court Associate Justice Clarence Thomas poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022.
SCOTUS adopts new ethics code as public trust plummets
The US Supreme Court on Monday issued a formal code of conduct for its nine justices following allegations of serious ethics violations, mostly concerning Justice Clarence Thomas.
“For the most part these rules and principles are not new,” the court said in a statement. “The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules,” it continued.
Among other things, the new rules emphasize that justices should not “participate in extrajudicial activities that detract from the dignity of the Justice’s office” or “reflect adversely on the Justice’s impartiality.”
Unclear enforcement: It’s still not entirely clear how these rules will be upheld, and some legal scholars suggested the move was largely an effort to address nearly historic levels of public distrust with the nation’s highest court.
“I think it's a positive sign that the justices adopted at least *some* rules today (and a sign that the Court *is* reactive to public pressure, as I think it ought to be),” tweeted Steve Vladeck, professor at the University of Texas School of Law. But he added that “even the most rigorous ethics rules aren't worth that much if there's no incentive to comply with them.”
Similarly, Sen. Sheldon Whitehouse (D-RI), a member of the Senate Judiciary Committee, in a statement said, “This is a long-overdue step by the justices, but a code of ethics is not binding unless there is a mechanism to investigate possible violations and enforce the rules.”
Whitehouse has pushed for a bill that would require SCOTUS to adopt a binding ethics code for justices and create a process for investigating allegations of misconduct. The Senate Judiciary Committee voted to advance the legislation in July, but it has faced fierce opposition from Republicans and remains up in the air.
Why Clarence Thomas has eroded trust in the US Supreme Court
Few Supreme Court Justices have tested the Court's ethical limits like Justice Clarence Thomas, says this week's GZERO World guest, Yale Law School legal expert Emily Bazelon. And that's because, for centuries, Justices have been reluctant to test the boundaries of an ethical system that has few limits. "Federal judges and lower courts are subject to ethical codes," Bazelon explains, "but not the Supreme Court justices themselves."
As a result, the Court has experienced some of its lowest public approval ratings in history, this past year. Some of that discontent, of course, can be traced to the Court's rightward swing under its conservative supermajority. But for a branch of the government that relies heavily on public trust to ensure that its rulings are respected and carried out, the decline in popular support is cause for concern.
"People do not have faith that this is a non-political institution, and that's what courts are supposed to be, at least in theory. They're supposed to be doing something called law, that's separate from politics."
Tune into GZERO World with Ian Bremmer on US public television stations nationwide. Check local listings.
For more on the Supreme Court and what to expect from anticipated rulings this year, watch this episode of GZERO World with Ian Bremmer: "Who polices the Supreme Court?"
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- The US Supreme Court, less trusted than ever, votes on major cases in June: Emily Bazelon on what to expect - GZERO Media ›
- US election disinformation: How myths like non-citizen voting erode public trust - GZERO Media ›
Who polices the Supreme Court?
Who watches the watchmen? And who oversees the US Supreme Court? As SCOTUS, the highest court in the US, gears up to issue some blockbuster rulings this summer, ethical concerns swirl around its members, and its public support is at an all-time low.
It’s been one year since SCOTUS struck down Roe v. Wade, eliminating the constitutional right to abortion after 50 years of precedent. In the months following the decision, the conservative supermajority quickly moved US law away from the political center. Multiple controversies erupted surrounding Justice Clarence Thomas, and public opinion balked at a blanket refusal to address questions about the justices’ ethical standard.
Has the Supreme Court become overly politicized? Can public faith be restored in a deeply partisan America? And what major rulings are still to come this session? Ian Bremmer talks with Yale Law School legal expert, New York Times Magazine columnist and co-host of the Slate’s Political Gabfest podcast, Emily Bazelon.
Tune into GZERO World with Ian Bremmer on public television stations nationwide. Check local listings.
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Podcast: (Un)packing the Supreme Court with Yale Law's Emily Bazelon
Listen: The Supreme Court, one of the three branches of government that makes up this country's democratic system of checks and balances, doesn't have a military. As a result, when its justices make a ruling, they are counting on a strong sense of public trust to ensure their decisions are carried out. Not all countries on this planet can count on that public trust, and with popular support for the Court plummeting to record lows, some experts fear that the United States may soon be unable to as well.
So as SCOTUS gears up for what is sure to be a blockbuster June of Court rulings, a flurry of ethical questions surrounding the bench--as well as its hard-right turn under a conservative supermajority--have made the prospect of a potential Constitutional crisis more plausible than ever before. And then comes the 2024 election. On the podcast this week, Yale Law legal expert and co-host of Slate's Political Gabfest joins Ian Bremmer to discuss the Court's many headwinds ahead, as well as the specific cases slated to be decided in the coming weeks.
Subscribe to the GZERO World Podcast on Apple Podcasts, Spotify, Stitcher, or your preferred podcast platform, to receive new episodes as soon as they're published.- 3 key Supreme Court decisions expected in June 2023 ›
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Preet Bharara on the legal troubles of former President Trump
The rule of law is a cornerstone of democracy. Ensuring that everyone is treated equally in the eyes of the law, including public officials, is a critical component of a healthy, thriving democratic government. On GZERO World, Ian Bremmer speaks with former US Attorney for the Southern District of NY and podcast host Preet Bharara to delve into the legal struggles of former President Trump. There is a strong possibility Trump will face a criminal trial as he runs for president in 2024, so the stakes have never been higher.
Bharara shares his analysis of the potential implications for executive privilege and its impact on democracy. In his wide-ranging conversation with Bremmer, they also explore the legal aspects of other news topics, including the ethical controversy surrounding Clarence Thomas and the ongoing Department of Justice investigation into the Ukraine leak.
Note: this interview appeared in an episode of GZERO World with Ian Bremmer on April 17, 2023, "Parsing Donald Trump's indictment
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