OLD and QUIRKY                                                                               09/12/2025

What happens when the institution meant to protect justice becomes the architect of injustice?”

The Supreme Court has at key moments in history and today, betrayed core American ideals such as equality, liberty, and democratic accountability.

 The Supreme Court and the Betrayal of American Ideals

The United States Supreme Court was envisioned as a guardian of justice, a bulwark against tyranny, and a neutral arbiter of the Constitution. Yet in recent years, its rulings have increasingly sparked outrage, confusion, and a sense of betrayal among many Americans. Far from upholding the foundational principles of democracy, equality, and transparency, the Court has issued decisions that appear to undermine them—raising the question: Has the Supreme Court betrayed American ideals?

 Undermining Democratic Accountability

One of the most troubling developments has been the Court’s growing reliance on the “shadow docket”—a process by which major decisions are made without full briefing, oral arguments, or public explanation. These emergency rulings have shaped national policy on immigration, voting rights, and public health, often with minimal transparency. This practice erodes the democratic ideal that government decisions should be made openly and with public input. When unelected justices issue sweeping rulings in the dark, the people lose their voice in the judicial process.

 Abandoning Equal Justice Under Law

The principle of equal protection is enshrined in the Fourteenth Amendment, yet recent rulings have chipped away at civil rights protections. The Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, eliminated federal protections for reproductive rights—disproportionately affecting low-income and minority communities. Similarly, the rollback of affirmative action in college admissions has been criticized for ignoring the persistent racial disparities in education. These decisions suggest a retreat from the ideal that all Americans deserve equal treatment under the law.

Below are some powerful Supreme Court decisions that are widely viewed as betrayals of American ideals, especially those of equality, liberty, and justice. The betrayal of American ideals isn’t new—it’s a recurring challenge that demands vigilance and reform. These cases aren’t just legal missteps—they’re moral failures that shaped American society in lasting ways.

 Dred Scott v. Sandford (1857)

• Dred Scott, an enslaved man, sued for his freedom after living in free territories. The Court ruled that African Americans “had no rights which the white man was bound to respect,” denying citizenship and legal standing to all Black people—even free ones.
• Chief Justice Roger Taney’s opinion also invalidated the Missouri Compromise, claiming Congress had no authority to ban slavery in U.S. territories.
• Impact: This ruling emboldened pro-slavery forces, enraged abolitionists, and accelerated the path to the Civil War. It stands as a stark betrayal of liberty, equality, and the promise of citizenship.

Plessy v. Ferguson (1896)

• Homer Plessy, a man of mixed race, deliberately violated Louisiana’s Separate Car Act to challenge segregation. The Court upheld “separate but equal” accommodations, legitimizing racial segregation nationwide.
• Justice Harlan’s lone dissent warned that the decision would become a “badge of servitude” for Black Americans.
• Impact: This ruling entrenched Jim Crow laws for over half a century, institutionalizing racism and denying equal access to public life. It mocked the Equal Protection Clause of the 14th Amendment.

Korematsu v. United States (1944)

• Fred Korematsu, a U.S. citizen of Japanese descent, refused to comply with internment orders during WWII. The Court upheld his conviction, citing “military necessity” over racial discrimination6.
• Over 120,000 Japanese Americans—most of them citizens—were forcibly relocated to internment camps without due process.
• Impact: The ruling sanctioned racial profiling and mass incarceration. Though later denounced, it wasn’t formally overturned until 2018. It remains a chilling example of civil liberties sacrificed in the name of national security.

 Buck v. Bell (1927)

• Carrie Buck, a young woman institutionalized in Virginia, was forcibly sterilized under a state eugenics law. The Court upheld the law, with Justice Holmes infamously declaring, “Three generations of imbeciles are enough”.
• The decision legitimized forced sterilization of thousands deemed “unfit,” often targeting poor, disabled, and minority women.
• Impact: This ruling violated bodily autonomy and human dignity, reflecting the darkest impulses of pseudoscience and state control. It was never formally overturned.

 Civil Rights Cases (1883)

• The Court struck down the Civil Rights Act of 1875, which banned racial discrimination in public accommodations like hotels and theaters.
• The majority ruled that the 14th Amendment only applied to state actions—not private discrimination—effectively legalizing segregation in private businesses.
• Impact: This decision gutted Reconstruction-era protections and laid the groundwork for Jim Crow laws. It denied Congress the power to protect Black Americans from private racial injustice.

Concentrating Power, Weakening Checks and Balances

The American system of government is built on the separation of powers, yet the Court has increasingly deferred to executive authority. Rulings that expand presidential powers—such as allowing broad use of emergency declarations or limiting the independence of regulatory agencies—threaten the balance intended by the Founders. By weakening the ability of Congress and federal agencies to act as checks on the executive, the Court risks enabling authoritarian tendencies.  As the Court and Congress continue to cede power, the executive branch is becoming the ruling entity.

Ignoring the Will of the People

Perhaps most alarming is the Court’s apparent disregard for public consensus. Polls consistently show that most Americans support abortion rights, gun safety measures, and environmental protections—yet the Court has issued rulings that contradict these views. With several justices appointed by presidents who lost the popular vote and confirmed by a Senate representing a minority of Americans, the legitimacy of the Court’s decisions is increasingly questioned. When the judiciary becomes disconnected from the people it serves, it ceases to reflect the democratic spirit of the nation.                   

Conclusion: A Crisis of Faith

The Supreme Court was never meant to be infallible, but it was meant to be principled. Its recent trajectory suggests a departure from the ideals that define American democracy: transparency, equality, accountability, and respect for the will of the people. This is not merely a legal crisis, it is a moral one. If the Court continues down this path, it risks becoming an institution that no longer protects the Constitution but instead reshapes it to serve narrow interests. In doing so, it betrays the very ideals it was created to uphold.

T. Michael Smith

Wwwtmichaelsmith.com