Politics & Government

Two American university professors Friday warned the "noxious" Supreme Court can no longer be saved.

Harvard law professor Ryan Doerfler and Yale law professor Samuel Moyn wrote an opinion piece published by The Guardian about how the high court's legitimacy has been increasingly damaged under President Donald Trump's second term. Conservative justices have handed Trump and the MAGA movement a number of wins, including overturning of Roe v. Wade, "what remains of the Voting Rights Act," and losing its "nonpartisan image."

The role of the court has shifted and with the conservative majority, the liberal justices had previously "proceeded as if their conservative peers would continue to take their own institution’s legitimacy seriously."

But over the last several months, that has also changed.

"Yet with the conservative justices shattering the Supreme Court’s non-partisan image during Trump’s second term, liberals are not adjusting much," Doerfler and Moyn wrote. "The liberal justices – Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor – have become much more aggressive in their dissents. But they disagree with one another about how far to concede that their conservative colleagues have given up any concern for institutional legitimacy. Encouragingly, Jackson pivoted to 'warning the public that the boat is sinking' – as journalist Jodi Kantor put it in a much-noticed reported piece. Jackson’s fellow liberals, though, did not follow her in this regard, worrying her strategy of pulling the 'fire alarm' was 'diluting' their collective 'impact.'"

By now, Trump has used a "shadow docket" of emergency orders to his advantage and to advance his policies.

"Similarly, many liberal lawyers have focused their criticism on the manner in which the Supreme Court has advanced its noxious agenda – issuing major rulings via the 'shadow' docket, without full-dress lawyering, and leaving out reasoning in support of its decisions," according to the writers.

Critics have argued that the conservative-majority Supreme Court, including Trump's appointees, has used the shadow docket to issue consequential rulings on controversial issues like abortion, voting rights, and immigration with minimal explanation or public deliberation, effectively allowing the court to reshape law through expedited procedures that bypass traditional briefing and oral argument requirements.

Now, "progressives are increasingly converging on the idea of both expanding and 'disempowering' federal courts and looking to see how to shake up the status quo."

"Rather than adhere to the same institutionalist strategies that helped our current crisis, reformers must insist on remaking institutions like the US supreme court so that Americans don’t have to suffer future decades of oligarchy-facilitating rule that makes a parody of the democracy they were promised," Doerfler and Moyn wrote.

"In Trump’s second term, the Republican-appointed majority on the Supreme Court has brought their institution to the brink of illegitimacy. Far from pulling it back from the edge, our goal has to be to push it off," the writers added.

California Gov. Gavin Newsom’s office is openly ridiculing a White House update after confirmation that President Donald Trump personally wrote some of the new presidential portrait plaques, including one declaring that he “saved America.” Trump-era additions reportedly reference his own reelection and attack former President Joe Biden, while even plaques for past presidents mention Trump. Newsom’s press office fired back with a viral mock plaque parodying Trump’s tone and obsessions, drawing laughs — and fresh criticism — as commentators questioned why the president is spending time rewriting history in bronze amid rising economic anxiety.

Watch the video below.

Gavin Newsom mocks Trump after White House adds self-written boast to portrait plaques