Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Independence Day Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

July 2, 2024

Are the Left’s Attacks on SCOTUS Working?

It appears so, if recent polling on the ideological predisposition of the High Court is any indication.

According to a recent poll conducted by the Associated Press-NORC Center for Public Affairs Research, the vast majority of Americans believe that the U.S. Supreme Court is more ideologically adherent than impartial.

That’s a bad thing. After all, the High Court’s legitimacy is tied to its perceived impartiality.

The poll found that 70% of Americans think that the decisions the Court ultimately hands down are based primarily on the justices’ own personal ideology and not the Rule of Law. Furthermore, just 40% said that they were confident in the Court’s decisions — a perception that has decreased since the Court’s landmark overturning of Roe v. Wade two years ago.

Of course, the leading reason for the belief that the Court is ruling along ideological lines has much to do with the political affiliation of those polled.

Who gets to decide whether a law is within the bounds of the Constitution? Often enough, the Supreme Court has the last word.

But here’s the rub. With the Left, primarily Democrats, pushing the legally convenient notion of the Constitution being a “living document,” the “spirit of the law” is elevated over and against the “letter of the law.” Or, to put it in judicial parlance, the long divide on the Court has been between “originalism” versus “living constitutionalism.”

According to originalism, the actual text of the Constitution provides the primary means for understanding and interpreting the law. Living constitutionalism, on the other hand, argues that as time has passed, the interpretation of the Constitution must include developments in judicial precedents and changing cultural values.

This difference is also reflected in the basic stances of the national political divide. Conservatives embrace a more originalist stance on the Constitution, whereas leftists embrace a more “progressive” view of an ever-evolving Constitution.

That the American people would view the Court as ideologically committed comes as little surprise. Indeed, a better question to ask is: When have the American people not viewed the Court as ideologically divided?

But the Supreme Court’s ideological divide has recently been treated by Democrats and their colleagues in the Leftmedia as somehow new and “dangerous.” And this is now a problem because the Court’s current makeup leans more ideologically originalist than progressive. Of course, when the Court was leaning leftward, as it had in previous years, those on the Left didn’t seem to object.

This reality exposes the actual reason Democrats and the Leftmedia have engaged in this handwringing operation against the current Court. Because the current Court does not share their radical progressive views, it has been painted as being “too politically minded.” The irony is that the exact opposite is the case.

When it comes to originalism, conservatives can point to the Constitution as the ultimate standard by which to judge the Court and its decisions. Does the decision comport with the Constitution? There is an objective standard against which to measure the justices. However, when it comes to the “living constitution” rationale, by what standard are the justices to be measured? Indeed, under this view, the justices themselves continually set and subsequently reset the standards. Objectivity is replaced with subjectivity, and assessing a justice’s performance ultimately comes down to one’s own political views and not the letter of the Constitution.

Therefore, even the reporting of the public view of the Court is itself an effort by the Leftmedia to smear a right-leaning Court as a threat to “impartiality.” In fact, the opposite would be the case. Those truly threatening the American judiciary are not conservatives. Rather, they are radical progressives whose only standard for jurisprudence is whatever advances their own political agenda.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.