A perception of the Supreme Court’s being above politics is crucial to the court’s standing, Bert Brandenburg, Justice at Stake executive director, told NPR for its report on two controversial, recent rulings that did not follow partisan lines.
“There’s another factor here, which is [that] over the last 10 years, there has really arisen something of an industry that profits from attacking the courts no matter what they do,” Brandenburg said.
“This is a combination of pundits and commenters, for whom it’s ratings, and consultants, for whom you can raise money off a decision you don’t like, and politicians, who harvest votes. So the courts are up against a lot.”
The NPR report was examining the court’s recent decisions on the Affordable Care Act and on Arizona’s restrictive immigration statute. The 5-4 rulings did not fall along lines separating those justices appointed by Republican presidents, and those appointed by Democratic presidents.