Is It Necessary for the Supreme Court to Stay Legitimate?

Last month at a judicial conference in Colorado Springs, two judges from the Denver-based 10th U.S. Circuit Court of Appeals interviewed Chief Justice John Roberts on all things SCOTUS, in which he decried attacks on the court’s legitimacy following the Dobbs v. Jackson Women’s Health ruling. Roberts said "If the court doesn't retain its legitimate function of interpreting the constitution, I'm not sure who would take up that mantle. You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide about what the appropriate decision is…”

In a later response to Roberts comments, Justice Elena Kagan declared “Judges create legitimacy problems for themselves when they don’t act like courts” and “when they instead stray into places that look like politics.”

So does the Supreme Court of the United States have a legitimacy problem? In this episode, host Craig Williams joins guest Douglas Keith, counsel in the Brennan Center’s Democracy Program, as they spotlight the legitimacy of the Supreme Court. Craig and Doug take a look at the public's reaction to recent SCOTUS decisions, the justices reaction to a legitimacy problem in the High Court, and what the new term will bring.