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Monday, April 12, 2021 9:44:49 PM
Breyer’s opposition to expanding the court rests in his belief that the Supreme Court’s power depends on “the public’s willingness to respect its decisions,” even when it does not agree with those rulings. Breyer cited two factors that, he suggested, “provide cause for concern” about the public’s acceptance of the court’s decisions. First, he noted, there has generally been a “growing public suspicion and distrust of all government institutions.” Second, he continued, there has been what Breyer characterized as a perception – which he blamed on the tendency of the press and politicians to label justices as “liberal” or “conservative” – that decisions are driven by politics, rather than legal principles. Adding seats to the court to address a belief that the court has become overly politicized, Breyer concluded, “can only feed that perception, further eroding that trust.”
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