Retired Judge David S. Tatel revealed in his upcoming memoir that he decided to step down from his position on the U.S. Court of Appeals for the District of Columbia Circuit due to his concerns about the U.S. Supreme Court’s lack of regard for judicial principles. These concerns have become more pronounced in recent years as the Supreme Court has faced criticism for decisions such as overturning Roe v. Wade and facing ethical controversies. This has led to a decrease in public trust, with only 41 percent of Americans approving of the Court’s handling of its job as of September 2023, compared to 51 percent in 2018.
Tatel, who served as a judge on the U.S. Court of Appeals for nearly 30 years and was appointed by former President Bill Clinton, expressed his frustration with the Supreme Court’s decisions that he believed were not based on respected judicial processes or principles. He emphasized the importance of neutral judging in fostering public trust in the rule of law, warning that decisions based on a preordained agenda rather than text, precedent, or deference could erode public confidence. His retirement in January 2024 was a result of his disillusionment with the direction of the Supreme Court and its impact on his work.
Critics have raised concerns about the Supreme Court’s shift to the right in recent years, particularly with the appointment of three justices by former President Donald Trump. The Court is expected to make important rulings on contentious issues such as the abortion pill mifepristone and Trump’s claims of presidential immunity. Ethical controversies, including Justice Samuel Alito’s recent display of an inverted American flag outside his home, have also raised questions about the justices’ impartiality and conduct. These incidents have sparked backlash from other judges and legal professionals.
The controversy surrounding Justice Alito’s inverted flag incident, in which he claimed his wife displayed the flag in response to a neighbor’s language on yard signs, highlighted the ethical challenges faced by the Supreme Court. U.S. District Judge Michael Ponsor criticized Alito’s actions, stating that any judge with ethical instincts would have recognized the impropriety of flying the flag in that manner. Other judges, such as Hawaii Supreme Court Justice Todd Eddins, have also raised concerns about the Supreme Court’s selective use of history in their rulings, further contributing to the growing scrutiny of the Court’s conduct and decisions.
As the Supreme Court prepares to make important rulings in upcoming cases, the criticisms and controversies surrounding the Court’s decisions and ethical conduct continue to escalate. The public’s trust in the highest court in the country has diminished, reflecting a broader concern about the erosion of judicial principles and independence. The retirement of Judge Tatel and his scathing critique of the Supreme Court’s approach to decision-making highlight the challenges facing the judiciary and the need for a renewed commitment to upholding the rule of law and promoting public trust in the legal system.
