Law | Opinion

Linda Greenhouse: A chance to reset the partisan Supreme Court






Native women rallied on the steps of the U.S. Supreme Court for the Quilt Walk for Justice on December 7, 2015. Photo by Indianz.Com

Linda Greenhouse, a journalist who covered the U.S. Supreme Court for The New York Times for 30 years, believes the passing of Antonin Scalia can end the "partisan warfare" among the increasingly ideological-minded justices:
In the days since Justice Antonin Scalia’s death, there has been plenty of talk about the substantial impact his absence will have on the Supreme Court’s docket. I’d like to shift the focus to the Roberts court itself. p>

Fate has handed the justices a chance to hit reset. p>

If that seems an uncharitable, even tasteless observation, so be it. I’ve become increasingly concerned, as my recent columns have suggested, that the conservative majority is permitting the court to become an agent of partisan warfare to an extent that threatens real damage to the institution. Justice Scalia’s outsize role on and off the bench contributed to that dangerous development to an outsize degree.

I’m not claiming that he was completely responsible. Given the Supreme Court’s place in American life, there is no way it can avoid getting singed by the polarizing politics of the day. Nor was Justice Scalia solely to blame for the court’s drop in public esteem as demonstrated by a Gallup Poll in September showing that more people disapprove of the Supreme Court (50 percent) than approve of it (45 percent). While this is a notable departure from the historic trend, other governmental bodies have fared far worse (Congress has a 16 percent approval rating), and the court is to some degree caught in the back draft of generalized public mistrust of government.

Get the Story:
Linda Greenhouse: Resetting the Post-Scalia Supreme Court (The New York Times 2/18)

Also Today:
Senate Republicans still divided over strategy for an Obama court nominee (The Washington Post 2/17)
Blacks See Bias in Delay on a Scalia Successor (The New York Times 2/18)
Supreme Court Vacancy Has Left and Right Ready to Pounce (The New York Times 2/18)
The Potential for the Most Liberal Supreme Court in Decades (The New York Times 2/18)

Join the Conversation

Related Stories:
President Obama affirms intent to fill vacancy on Supreme Court (2/17)
David Wilkins: Justice Antonin Scalia leaves an anti-tribal record (2/17)
Stakes raised as Supreme Court weighs domestic violence case (2/16) Appeals court backs tougher sentence in domestic violence case (2/16)
Steve Russell: Justice Antonin Scalia was wrong about Indian law (2/15)
Justice Antonin Scalia dies with Indian law cases on the docket (2/13)
John Lavelle: Supreme Court weighs key tribal sovereignty issue (02/10)
Supreme Court declines NAGPRA case affecting Kumeyaay Nation (01/25)
Menominee Nation loses contract support costs case at Supreme Court (01/25)
Supreme Court hears Omaha Tribe reservation boundary dispute (01/20)
Ex-US Attorney welcomes review of domestic violence case (12/17)
Supreme Court agrees to review yet another Indian law dispute (12/14)
Native women rally at Supreme Court for key tribal jurisdiction case (12/07)
Native women schedule Quilt Walk for Justice at Supreme Court (12/01)
Native women to rally at Supreme Court for upcoming case (11/11)
DOJ to help with arguments in Supreme Court jurisdiction case (11/09)
Native women defend tribal jurisdiction in Supreme Court case (10/26)
Tribes urged to bring states on board for Supreme Court case (10/20)
Cheyenne & Arapaho Tribal Tribune: Supreme Court case tests tribal jurisdiction (10/14)
Supreme Court schedules oral arguments in two Indian law cases (10/12)
States oppose tribal jurisdiction in upcoming Supreme Court case (10/07)
Supreme Court rejects petitions in four more Indian law cases (10/05)
Supreme Court agrees to hear Omaha Reservation boundary case (10/02)
Supreme Court considers petitions in slew of Indian law cases (09/22)
Bryan Newland: The racist foundation of Supreme Court rulings (09/08)
Supreme Court agrees to hear first tribal jurisdiction case in years (06/15)
Supreme Court needs more time to review tribal jurisdiction case (6/8)
SCOTUSBlog: DOJ urges denial of petition in tribal court dispute (05/20)
DOJ files brief in tribal jurisdiction case before Supreme Court (5/14)
Updates from National Congress of American Indians DC meeting (2/27)
Updates from National Congress of American Indians winter session (2/26)
Supreme Court asks DOJ for views in Mississippi Choctaw case (10/06)