In a recent tweet, The New York Times shared an opinion piece by Carlos Lozada titled “The Supreme Court Is Not a Team Sport.” In the article, Lozada discusses two books that provide insights into the ideological shifts of the Supreme Court over time.
Lozada first references “The Brethren,” a book published in 1979 by Bob Woodward and Scott Armstrong. The book chronicled the emergence of an ideological center on the court, with justices such as Warren Burger and Harry Blackmun frequently casting swing votes to create consensus decisions.
However, Lozada notes that this era of centrism has since dissolved. He cites another book, “Nine Black Robes” by David Alistair Yalof, which explores how today’s Supreme Court is characterized by deep political polarization and fierce partisan battles. Lozada argues that while both books offer valuable insights into the workings of the court, they also reveal some disturbing trends.
One example he provides is how justices today tend to vote along predictable party lines rather than engaging in genuine legal analysis. For instance, he points out how all five conservative justices voted together in cases involving issues such as abortion rights and immigration policy during the most recent term.
Lozada also highlights how these partisan divisions have spilled over into public perceptions of the court itself. According to a recent Pew Research Center survey cited in his article, only 52% of Americans now view the Supreme Court favorably – down from 80% just over a decade ago.
Some historical context may help explain why such polarization has emerged within America’s highest court. For one thing, political parties themselves have become more ideologically homogeneous over time; this means that presidents are now more likely to nominate judges who share their own views on key issues.
Additionally, high-stakes battles for control of Congress and state legislatures have made judicial appointments increasingly contentious affairs. This can lead to bitter confirmation fights where nominees are scrutinized for their views on controversial topics like abortion or gun rights.
Despite these challenges, Lozada argues that the Supreme Court remains an important institution in American democracy, and one that should be protected from undue political influence. He concludes by encouraging readers to read both “The Brethren” and “Nine Black Robes” to gain a better understanding of how the court has evolved over time – and where it may be headed next.