Amid growing concerns about declining public confidence in the U.S. Supreme Court, Associate Justice Sonia Sotomayor emphasized the challenges posed by the rapid pace of overturning long-standing precedents. During her recent appearance in Louisville, Kentucky, she expressed her thoughts on how a conservative-led court's swift actions might be impacting public perception of judicial stability.
Sotomayor's observations come at a time when the Supreme Court, significantly influenced by three justices appointed during Donald Trump’s presidency, has made landmark decisions such as the overturning of Roe v. Wade and the reversal of affirmative action in college admissions. These significant rulings have sparked debates about the continuity and predictability of judicial decisions.
Reflecting on the public's discomfort with swift legal changes, Sotomayor remarked, I think my court would probably gather more public support if it went a little more slowly in undoing precedent. She articulated how the abrupt changes might be contributing to a perceived instability in the rule of law, where public confidence can be shaken by the perception of decisions driven more by partisan views than by legal analysis.
The Justice was quick to clarify, Whether those views are accurate or not, I don’t accuse my colleagues of being partisan, indicating a mutual respect among justices despite differing approaches to constitutional interpretation. However, she warned of the dangers posed by rapid judicial shifts, emphasizing that public pushback is inevitable when changes occur faster than society can digest.
Sotomayor asserted, If we continue going in directions that the public is going to find hard to understand, we’re placing the court at risk. Her remarks underline the importance of maintaining the judiciary as a stable and transparent institution, a trait she believes distinguishes the judiciary from other branches of government.
She further explained, Because generally we don’t make backroom deals, meaning our judges are required to explain their rulings. You have to have a written explanation why you think what you’re doing comports with the law. This transparency is crucial for maintaining trust in judicial processes.
During the event, Sotomayor also shared personal reflections on her career, emphasizing why she values being part of significant decision-making processes in the judiciary. Being a voice, even when I lose, has meaning, she said, adding that articulating her understanding of the law is essential, even when her views don't prevail.
She finds fulfillment in those rare occasions when she's able to sway her colleagues to her perspective on legal issues, remarking, As infrequent as those moments have been in recent times, they still exist — on occasion. These experiences keep her motivated in her role on the bench.
Sotomayor was in Louisville to receive the Brandeis Medal from the University of Louisville’s law school, an honor given to those in the legal field who have significantly contributed to public service and justice. Named for former Supreme Court Justice Louis D. Brandeis, the event highlighted the school's commitment to social and legal progress.
Speaking at the event, Kentucky Governor Andy Beshear underscored the judiciary's essential role in upholding democracy. He noted, The Supreme Court holds a sacred duty to rule without bias or favor to any person or party. Beshear remarked on the justices' pivotal role in the foundational structure of governance designed to serve the people rather than just the powerful.
Justice Sotomayor, nominated to the court by President Barack Obama in 2009, continues to advocate for a judicial approach that considers public confidence as intrinsic to the court's authority and influence. Her call for prudence in changing legal precedents serves as a reminder of the balance that courts must strike between constitutional interpretation and maintaining public trust.