This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court

Jul. 18, 2023

The arrogance of power

The Court has its lowest public confidence and approval ratings in history. I have the strong sense that if the Court continues down this path of judicial arrogance there will be increasingly strong negative reactions.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

See more...

What most emerges from a reading of this term’s Supreme Court decisions is that these are justices who defer to no one. There is an overwhelming sense in reading the opinions that the justices believe that they know best for the country and feel no need to give much weight to the judgment of others.

There certainly is no deference to the President and the executive branch of government. President Joe Biden provided 43 million individuals w...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up