The Post-Kavanaugh "Legitimacy" of the Supreme Court

The very discussion is absurd.

by Rod D. Martin
October 8, 2018

I read a paragraph of a Wall Street Journal piece this morning, and found it puzzling. Here it is:

The confirmation also presents Chief Justice John Roberts with a considerable challenge, report Brent and Jess Bravin. The three-month battle to fill the seat vacated by Justice Anthony Kennedy cast the court in a political light to a degree unseen since Bush v. Gore, the 5-4 ruling that decided the 2000 presidential election. Now the chief justice has to steer through the political turbulence that threatens the court’s legitimacy.

Why puzzling? Two reasons.

First, if someone questions the "legitimacy" of the Supreme Court, does that in any way reduce its power? Was the Court "legitimate" in deciding Dred Scott? No. But was its power reduced in any respect as a result? No. And likewise Plessy v. Ferguson, or a whole host of other bad decisions. Even if we say that illegitimate decisions themselves in some way delegitimized the institution itself (and they did …