Spot on. It doesn't matter whether people think that the Court is legitimate if it in fact is not legitimate, and playing legislature and then refusing to admit when it is wrong is no way to be legitimate. As conservatives we should not seek to preserve admiration for institutions qua being institutions, but rather for the good that those institutions can do when operating rightly. The Supreme Court ought to behave virtuously, both prudently and courageously as you point out, and in response to that virtuous behavior we the people ought hold it in proper regard. Stephens seems to think that if the Court overturns Roe and Casey then it will lose institutional trust, which will make people not take it seriously on other issues. Setting aside that the Court was established to be a non-representative body free from worry over the whims of people (as well as strictly limitted in its ability and influence), nobody can maintain respect while being a pushover. If Americans think that the Court just does as people tell it to (especially if it appears that the Justices change their decision as a result of response to this leak), then whether they agree or disagree with what it is doing they will not hold it in esteem. Later opinions will be seen not as well-reasoned rulings given by an elite set of lawyers who stand outside of public opinion, but as just another set of press releases from a group of politicians, except these politicians were never elected. It is that sort of behavior that would destroy trust in the institution of the Court, and rightly so. If the reputation of the Court is to be salvaged in the long term, then the Justices must show the courage you describe. That, and the fact that Alito's draft opinion would save innumerable lives if adopted, is enough to make clear for any conservative what should be hoped for here.
I agree with you, Deion, but Stephens is right that this ruling will be one more weapon in the arsenal of those who want to delegitimize the Court. The truth is, though, that the leftists don't need an excuse to trash a "right-wing" SCOTUS, so, since they're going to spread their toxic lies either way, we might as well get some sound rulings in the process!
Spot on. It doesn't matter whether people think that the Court is legitimate if it in fact is not legitimate, and playing legislature and then refusing to admit when it is wrong is no way to be legitimate. As conservatives we should not seek to preserve admiration for institutions qua being institutions, but rather for the good that those institutions can do when operating rightly. The Supreme Court ought to behave virtuously, both prudently and courageously as you point out, and in response to that virtuous behavior we the people ought hold it in proper regard. Stephens seems to think that if the Court overturns Roe and Casey then it will lose institutional trust, which will make people not take it seriously on other issues. Setting aside that the Court was established to be a non-representative body free from worry over the whims of people (as well as strictly limitted in its ability and influence), nobody can maintain respect while being a pushover. If Americans think that the Court just does as people tell it to (especially if it appears that the Justices change their decision as a result of response to this leak), then whether they agree or disagree with what it is doing they will not hold it in esteem. Later opinions will be seen not as well-reasoned rulings given by an elite set of lawyers who stand outside of public opinion, but as just another set of press releases from a group of politicians, except these politicians were never elected. It is that sort of behavior that would destroy trust in the institution of the Court, and rightly so. If the reputation of the Court is to be salvaged in the long term, then the Justices must show the courage you describe. That, and the fact that Alito's draft opinion would save innumerable lives if adopted, is enough to make clear for any conservative what should be hoped for here.
I agree with you, Deion, but Stephens is right that this ruling will be one more weapon in the arsenal of those who want to delegitimize the Court. The truth is, though, that the leftists don't need an excuse to trash a "right-wing" SCOTUS, so, since they're going to spread their toxic lies either way, we might as well get some sound rulings in the process!