US Supreme Court's role is shifting

Abstract

Significance At a time when political polarisation at the federal and state level makes the role of the Supreme Court as a neutral arbiter more important, the Court’s standing with the public has never been lower amid perceptions that a distinct agenda is being pursued by a majority of its members. Impacts The Court will continue to be seen as an impartial adjudicator in technical cases even as its role is questioned in social cases. The closeness of recent presidential elections means the Court may again be asked to declare a winner, as it was in 2000. The Court will increasingly evoke the ‘major questions’ doctrine to assess federal agency actions. The Supreme Court is likely to develop its recent habit of jumping ahead of federal appellate courts in taking particular cases.