• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

Power companies are using eminent domain to seize land for data centers as 70% of Americans say not in my backyard

1

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

Power companies are using eminent domain to seize land for data centers as 70% of Americans say not in my backyard
Politicsabortion

Supreme Court leak shakes trust in one more American pillar

By
Calvin Woodward
Calvin Woodward
,
Hannah Fingerhut
Hannah Fingerhut
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Calvin Woodward
Calvin Woodward
,
Hannah Fingerhut
Hannah Fingerhut
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
May 7, 2022, 9:58 AM ET
Add Fortune on Google for similar content.

Is there a new American motto: In nothing we trust?

By lots of measures, most in the U.S. lack much confidence in large institutions and have for years. Congress? Two big thumbs down. The presidency? Ehh. Americans are also distrustful of big business, unions, public schools and organized religion. Indeed, they hold abysmal views of the functioning of democracy itself.

The Supreme Court has been something of an exception. The one branch of government not dependent on public opinion has traditionally enjoyed higher public esteem than the branches elected by the people. Its above-the-fray reputation, cultivated with exquisite care, once served it well.

Now the justices face a reckoning over the audacious leak of an early draft opinion that strikes down the constitutional right to abortion, an episode that has deepened suspicions that the high court, for all its decorum, is populated by politicians in robes.

Republican members of Congress are suggesting a sinister left-wing plot to derail the outcome of the final decision. Liberals are alleging machinations from the right to lock the justices into their preliminary vote. For all that speculation, neither side knows who leaked the draft to Politico and why.

What’s clear is that the affair has popped a deferential bubble around the court.

“My confidence in the court has been rocked,” Sen. Lisa Murkowski of Alaska, one of the few Republican senators in favor of abortion rights, said with alarm. Vice President Kamala Harris accused the justices of mounting a “direct assault on freedom” if they vote as they signaled. Senate Majority Leader Chuck Schumer, D-N.Y., accused Trump-nominated justices of lying to Congress about their abortion views in their hearings.

Elected officials do not normally talk this way about the justices. But now, it seems, the jurists are fair game, just another contingent of power players in the Washington viper pit.

In contrast, after mounting a fierce legal fight to settle the implausibly close 2000 election, Democrat Al Gore held back his grievances about political taint on the court when it crushed his hopes in a decision that made Republican George W. Bush the president.

Gore didn’t hesitate to “accept the finality of this outcome,” as much as he said he disagreed with it. The deferential bubble was evident. But that decision became seen as the modern starting point in the erosion of trust in the court.

In the years since, Democrats gutted the filibuster on one front to help them populate the lower federal courts with as many judges as possible, knowing they were setting a precedent that could bite them in the future.

Then Republicans did the same for Supreme Court nominees in the judicial equivalent of nuclear escalation.

And there was Donald Trump. During his presidency, Trump specialized in what’s known by the political class as saying the quiet part out loud. This included his sizing up the judiciary as a political beast, made up of Democratic judges or Republican ones.

For the justices, who have long cloaked themselves in the notion that the politics ends once they ascend to the bench, it was a step too far when Trump accused “Obama judges” of standing in his way and otherwise disparaged judges he didn’t like.

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Chief Justice John Roberts said in an unusual statement rebuking Trump’s comments. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

Yet people in the United States, in recent times, have grown suspicious about judicial independence, with a strong majority believing justices should keep their political views out of their decisions but not even 1 in 5 polled believing they do an excellent or good job of that.

As controversial as the Roe v. Wade decision affirming abortion rights was in 1973 and in the years since, it was not a ruling driven by partisanship. The vote was 7-2, with five of the justices in the majority nominated by Republican presidents.

Now, Justice Sonia Sotomayor, a liberal on the conservative-majority court, warns that a reversal in 50 years of abortion rights would shatter the idea that American justice is blind to partisanship or party.

“Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” she asked in a Mississippi abortion case in December. She said she thought it wouldn’t survive that.

Out of sight

Except when a monumental decision like this abortion one comes out, or when Congress is screening court nominees in its performative hearings, the Supreme Court works largely out of sight and out of mind. But in New York City, the leak got Sequoia Snyder thinking about the court. Is it just one more institution not to be trusted?

“When you think about it, the power is not in the hands of the people,” said Snyder, 22. “We don’t vote on that. The Electoral College … the popular vote is ignored. The police are not very regulated, kind of can do what they want with impunity.

“Like every every facet of our society you go to, we don’t really have the power or a voice. So I just think it’s crazy that nine people have the final say on like everything in the country and they can never lose their job. It just seems weird.”

In Charleston, outside West Virginia’s only abortion clinic, Dennis Westover, a 72-year-old retired electrical engineer, sat in a lawn chair with an anti-abortion sign. He, too, sees weird doings from the court.

“One side or the other did it for a political motive to stir up some kind of stink,” he said of the leak. “We human beings do what we do for whatever we think is a good reason. … What was the reason? It couldn’t be a good one because you leaked Supreme Court privileged information.”

Trust deficit

In an Associated Press-NORC Center for Public Affairs Research poll last month, only 18% of U.S. adults said they have a “great deal” of confidence in the Supreme Court. About 27% have hardly any confidence in it.

The high court has historically received better ratings than the other branches and that remains so. In the most recent poll, just 4% have a great deal of confidence in Congress; 51% have hardly any. And 36% have hardly any confidence in the executive branch.

Still, the court’s standing has been deteriorating in recent years. The 2021 General Social Survey suggested confidence in the high court was among its lowest points in the last half century.

In September, a Gallup poll found 54% said those surveyed had at least a “fair amount” of confidence in the court, down from 67% in 2020. Only one other time in five decades has that confidence fallen below 60%.

The poor ratings of government couple with grim views of U.S. democracy and a disenchantment with the pillars of society almost everywhere you look.

Gallup has tracked public opinion of 14 core institutions across the spectrum—organized labor, the church, the media, the medical community among them—and found confidence in them sagging, with the share expressing high confidence never rising above 36% on average over 15 years. Only the military and small businesses get a resounding vote of confidence.

Overlaying everything is a sense that the very foundation of the republic is in trouble. In January, 53% said in an AP-NORC poll that democracy in the U.S. is not working well; only 8% thought it was working very or extremely well.

That state of affairs emanated from a 2020 election that saw Trump fight fiercely and futilely to reverse Democrat Joe Biden’s clear White House victory. Trump’s false allegations of a rigged election have resounded across the country as the two parties square off over state election laws in response.

In his effort to cling to power, though, Trump also confronted the limits of political influence in the judiciary as he and his campaign brought a battery of far-fetched legal challenges to courtrooms only to have them systematically fail.

“Trump judges” didn’t save him.

—Associated Press writer Leah Willingham in Charleston, West Virginia, contributed to this report.

Sign up for the Fortune Features email list so you don’t miss our biggest features, exclusive interviews, and investigations.
About the Authors
By Calvin Woodward
See full bioRight Arrow Button Icon
By Hannah Fingerhut
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Politics

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Politics

Alaskan pilot Ken Jouppi sits in an aircraft hanger in front of a plane.
LawSupreme Court
A passenger brought a 6-pack of beer on an Alaskan pilot’s plane. He now has to defend his plane’s seizure in front of the Supreme Court
By The Associated Press and Michael KunzelmanJuly 20, 2026
1 hour ago
Blue Owl Capital owns about a third of the Freedom Fuel properties: A look inside the $3.47 gas chain
North AmericaDonald Trump
Blue Owl Capital owns about a third of the Freedom Fuel properties: A look inside the $3.47 gas chain
By Brian Slodysko, Michael Biesecker and Josh BoakJuly 20, 2026
1 hour ago
A 13-year-old teenage boy looks at an iPhone screen displaying various social media apps.
PoliticsSocial Media
French President Macron backs effort to ban kids under 15 from social media before departing office next year
By The Associated Press and Samuel PetrequinJuly 20, 2026
2 hours ago
jd
PoliticsWhite House
JD Vance becomes first sitting vice president to welcome a child in office in over 150 years
By Darlene Superville and The Associated PressJuly 20, 2026
9 hours ago
andy
PoliticsUnited Kingdom
Andy Burnham accuses UK of taking wrong turns since the 1980s in first speech as Prime Minister outside 10 Downing Street
By Jill Lawless and The Associated PressJuly 20, 2026
9 hours ago
uk
PoliticsSocial Media
France wants to ban social media for kids — but Brussels says the bill breaks EU law
By Samuel Petrequin and The Associated PressJuly 20, 2026
9 hours ago

Most Popular

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
AI
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
By Jason MaJuly 18, 2026
2 days ago
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
Success
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
By Sydney LakeJuly 20, 2026
8 hours ago
Power companies are using eminent domain to seize land for data centers as 70% of Americans say not in my backyard
AI
Power companies are using eminent domain to seize land for data centers as 70% of Americans say not in my backyard
By Aaron Walayat and The ConversationJuly 19, 2026
2 days ago
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
4 hours ago
Red Lobster’s 37-year-old CEO waited tables before joining the C-suite—he says it was a crash course in managing ‘difficult people and situations’
Success
Red Lobster’s 37-year-old CEO waited tables before joining the C-suite—he says it was a crash course in managing ‘difficult people and situations’
By Preston ForeJuly 19, 2026
2 days ago
Warren Buffett says his $147 billion investing career was an accident: ‘I may be one of the 10 luckiest in the world’
Future of Work
Warren Buffett says his $147 billion investing career was an accident: ‘I may be one of the 10 luckiest in the world’
By Sarah GlodekJuly 20, 2026
15 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.