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New Justice, Same SCOTUS Problems: Ketanji Brown Jackson’s historic confirmation made headlines this week. But she’s walking into a court that many think needs an overhaul. The StoryLate this week, after those hearings, the Senate confirmed KBJ to the Supreme Court. The judge won’t be sworn in until this summer when Justice Stephen Breyer retires. But the orientation is bound to be…interesting. That’s because the court is deciding on cases that stand to reshape American life. And its public approval is nearing an all-time low. Tell me more.Strap in. There are lots of arguments to cover, like... Partisan interference. From publicity-grabbing antics to party-line votes, SCOTUS confirmations are all about party politics. That wasn’t always the case: Up until the ‘00s, justices often got bipartisan — sometimes even unanimous — approval. That all seemed to change after the Merrick Garland snub. So, it's no surprise that one poll found only 16% of Americans think justices are truly impartial. But (reminder) they’re supposed to be — especially since they’re ruling on matters as critical as the future of Roe v Wade, affirmative action, and the most important Second Amendment case the court has heard in over a decade. Code of ethics. In light of a certain someone’s texts (u up, Ginni Thomas?), there’s been a big Dem push for the Supreme Court to adopt a formal code of conduct…à la every other federal court in the country. But that would require Congress passing new legislation. And it’s unlikely to get the bipartisan support it would need. Add it to the list of other major overhauls that are sitting in the corner (see: court packing and term limits). Emergency docket (aka shadow docket). Something that even Chief Justice John Roberts has called an abuse of the court’s emergency powers. It’s when the Supremes rule on cases without the typical rounds of arguments and deliberations. And without signing or explaining their decisions. Historically, this happened mostly for death penalty cases. But more and more, in cases that change the rights of millions of Americans. (Think: Texas’s abortion law, EPA rules, vaccine mandates.) theSkimm Some of the most impactful decisions that affect our rights come down to the nine justices of the Supreme Court. That's why there are such strong opinions on whether it’s equipped to address the challenges of today. This week, the court got a pretty big update: a new member. While KBJ’s confirmation does not tilt the balance on the bench, her position on it brings overdue representation and diversity to a centuries-old institution — where, for the first time ever, white men will not be the majority. |