In 1901 a fictional Chicago bartender named Mr. Dooley, the alter ego of the humorist Finley Peter Dunne, observed, “Thethe election returns.” Ever since then, the justices have unconvincingly denied that they pay any attention at all to public opinion. As Justice Samuel Alito put it in, while stripping millions of people of abortion rights, “The Judicial Branch derives its legitimacy, not from following public opinion, but from deciding by its best lights.
”that its inherent integrity made written ethics rules unnecessary. And it is even more remarkable that the justices acknowledged that public opinion played a crucial role in their decision, even if they characterized it as a “misunderstanding” to be dispelle
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