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The Supreme Court is Shifting America Rightward [1]
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Date: 2022-10-12
The Supreme Court has become deeply unpopular. The decision to strike down Roe v Wade , ending federal abortion protections, was one of many politically divisive decisions taken by the Supreme Court. The conservative supermajority has shifted the court rightwards, resulting in public perceptions of judicial bias. While Republicans, who have benefited from the court’s measures, have had a high opinion of the court, the court’s favorability among Democrats has plunged to its lowest level in decades. And yet, as The Hill reports , the Supreme Court’s appetite for politically divisive cases has risen in recent years, and does not seem close to being sated.
The Rule of Four
Appeals to the Supreme Court do not always have their day in court. Around 98% of the time, the Supreme Court denies an appeal. When cases are allowed to proceed, the composition of the Supreme Court plays a huge role in determining the outcome of the case. All that matters is that at least four justices want to see a case go to appeal. With a 6-3 conservative supermajority, it’s clear why the cases that are going to appeal are on issues that conservatives have been passionate about for decades. We are not seeing an avalanche of the kinds of cases that Democrats are passionate about, because the Democrats on the Supreme Court do not have the numbers to even push a case through so it can be heard on appeal.
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