That being the case, Bouie argued that the court’s decisions can be rejected if the public doesn’t like them, and dismissed Republicans who have expressed outrage over the leak.
“The Supreme Court is, and has always been, a political body,” he wrote, and he further described it as “an avowedly partisan institution, an unaccountable super-legislature controlled by men and women drawn from a cadre of conservative ideologues and apparatchiks, acting on behalf of the Republican Party.”
The columnist then denied the court’s legitimacy, writing, “Whatever legitimacy it had retained was sacrificed in the drive to build the majority that seems poised to overturn Roe v. Wade.” He further trounced the institution, saying “the court’s conservatives have done almost nothing to dispel the view that their majority is little more than the judicial arm of the Republican Party.”
Bouie then argued that President Donald Trump, a president he claimed lacked “democratic legitimacy,” “used his power to pursue the interests of a narrow ideological faction, giving its representatives free rein to shape the Supreme Court.” In such a way, “the court, then, is stained by the same democratic illegitimacy that marked Trump and his administration,” Bouie argued.
“Republicans seem to know this, and it helps explain why they’re so angry about the leak,” he wrote, adding that, “They hope to write conservative ideology into the Constitution. For that to work, however, Americans need to believe that the court is an impartial arbiter of law.”
Bouie then claimed that the leak throws a wrench into the GOP’s designs. “The leak throws that out the window. The leak makes it clear that the Supreme Court is a political body, where horse-trading and influence campaigns are as much a part of the process as pure legal reasoning.”
He then made concluded his piece with a strong insinuation that the American public should “reject” the court’s authority. “If the court is a political body — if it is a partisan body — then a roused and unhappy public may decide to reject its judgments and authority.”