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August 1, 2024
Ask students: How might a binding code of conduct for Supreme Court justices improve the judicial system? What challenges could arise from enforcing such a code? Do you think President Biden’s proposal should pass? Why or why not?
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Watch this short educational video from the History Channel for a brief history of the Supreme Court of the United States (SCOTUS), how justices are appointed, the powers of the court, and how Marbury v. Madison established the court’s mandate of judicial review:
The first instance of a Supreme Court overturning a previous decision occurred in 1810; there now are 236 Supreme Court decisions that have been overruled by subsequent decisions. The Library of Congress keeps a running list of all overturned Supreme Court decisions that can be found here.
One of the more recent, controversial Supreme Court decisions that overturned a previous decision was in 2022 with the Dobbs v. Jackson Women’s Health Organization case. The Dobbs decision revoked the constitutional right to an abortion, overturning the 49 year-old precedent of Roe v. Wade, and allows states to implement abortion bans. Following the Dobbs decision, the approval rating of SCOTUS dropped significantly, with Gallup reporting on June 23, 2022, that as the U.S. Supreme Court anticipated overturning the 1973 Roe v. Wade decision by the end of its 2021-22 term, Americans' confidence in the court had significantly declined over the past year, hitting a new low in Gallup's nearly 50-year record.
The trend of a low approval rating of the Supreme Court has continued over the past few years, with the Pew Research Center reporting on July 21, 2023, that less than half of Americans (44 percent) have a favorable view of the court, while more than half (54 percent) don't. According to Pew’s survey data, the court's favorable rating had dropped 26 points since 2020. This was the first time since 1987 that more people had an unfavorable view of the Supreme Court than a favorable one.
Gallup’s polls show a similar trend with a disapproval rate of 52 percent in July 2024 compared with an approval rate of 43 percent. View the graphs from Gallup below to explore how the approval rates have shifted over the years. To explore the ratings over a longer time period, click here.
The current Supreme Court has ruled over many significant cases, with some of its decisions facing much controversy. Some of the most controversial decisions are listed below. Explore the cases and the subsequent decisions, then reflect on whether you agree or disagree with the Supreme Court’s rulings.
Optional: Read this article from the American Bar Association on the impact of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization: One Year Later: Dobbs v. Jackson Women’s Health Organization in Global Context.
Supreme Court justices are meant to remain impartial, without bias or influence from personal beliefs, political pressures, or external interests to ensure that all cases are decided based on the Constitution and legal precedents. This impartiality maintains public trust in the judicial system, reinforces the rule of law, and guarantees that decisions are made solely on the merits of each case, protecting individuals' rights and freedoms and maintaining the legal system's integrity. However, recent scandals related to several of the current Supreme Court justices have thrown their independence and susceptibility to external influences into question.
When justices accept undisclosed gifts or display politically charged symbols, it suggests potential bias or conflict of interest. This can undermine public trust in the court's ability to make fair and unbiased decisions because it appears that justices might be influenced by personal relationships, financial interests or political ideologies, rather than adhering strictly to the law and the Constitution.
The combination of the low approval rates, controversial decisions and scandals has led President Biden to propose reforms to the Supreme Court. Citing that the 22nd Amendment to the Constitution (ratified on Feb. 27, 1951) established term limits on U.S. presidents and that every other major constitutional democracy has term limits for high court justices, he proposed that term limits should also be enacted for the Supreme Court. Biden argues that term limits would ensure regular changes in the court's membership, make the timing of court nominations more predictable and fair, and reduce the likelihood of any single presidency having excessive influence for generations. The proposal calls for each president to appoint a new justice every two years, with each justice serving an 18-year term on the Supreme Court.
Additionally, although the Supreme Court adopted its first formal code of conduct in November 2023 amid criticism of scandals, there is no means to enforce it. Therefore, President Biden’s proposal also calls for Congress to “pass binding, enforceable conduct and ethics rules that require justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest.”
The idea of setting term limits for the Supreme Court is not new; the idea has been discussed, with the pros and cons being evaluated, by scholars and political analysts long before President Biden’s proposal. Here is a list of commonly noted pros and cons for setting term limits and establishing an enforceable code of conduct and ethics:
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