A court without legitimacy is a danger to democracy.
For decades the Supreme Court enjoyed a high rating in the polls. It was generally approved by more than half the population, who believed it upheld the law and the Constitution. Back in the middle 1990s the Court enjoyed immense popularity with approval ratings as high as 80%. In 2000, more than 60% of the public approved of the court, and less than 30% disapproved. But as the Court has become increasingly polarized, public trust in the Court has fallen. Between 2014 and 2018 more people disapproved than approved of the Court. Then it briefly recovered its good standing with the people until 2022 when it fell precipitously. Since that time, its disapproval rating has been higher than 50%. In January, 2025, just 38.8% approved of the Court.
Courtesy of the Library of Congress
More than 60% of the public do not trust the justices to do the right thing. It does not help that the Court lacks ethical guidelines concerning conflict of interest. Nor does a majority of the public agree with its decision that presidents are immune from prosecution for their actions. Nor are the Court's decisions on abortion approved by a majority of Americans. Nor are Clarence Thomas's acceptance of many expensive trips and gifts from wealthy conservatives acceptable. Nor has it been a good thing for American democracy that the court has sanctified unlimited private spending by candidates, equating campaign donations with freedom of speech. The Court no longer seems impartial or wise.
Back in the 1990s, both Repblicans and Democrats had extremely high levels of satisfaction with the Court. No more. Today, only one in four Democrats approves of the Court. In contrst. 3 out of 4 Republicans like what it is doing. The Court has adopted a partisan agenda, and in doing so it has lost its aura of impartiality. It risks seeming an illegitimate rubber stamp that most Democrats and a majority of the American public disdain.
In short, the legitimacy of the Supreme Court was once unassailable, but now it is questionable. Will the Court's reputation decline further during the Trump second term? How much lower can it go before it loses the credibility and respect that are necessary before its decisions will be accepted? A court without legitimacy is a danger to democracy.
