Former UK Judge Slams US Supreme Court for Political Partisanship

Lord Sumption, a former UK Supreme Court judge, has launched a scathing critique of the United States Supreme Court, asserting that its credibility has been severely compromised due to political partisanship. This unprecedented criticism from a respected international jurist highlights growing concerns about the highest court in the US legal system.

The US Supreme Court, established in 1789, has long been regarded as a cornerstone of American democracy. However, Lord Sumption argues that its conservative majority has consistently aligned with Republican positions on contentious issues such as abortion, gun control, and voting rights. This trend, he contends, has led to a significant decline in public approval, with ratings plummeting from 80% in the 1990s to less than 50% today.

One of the most controversial recent decisions cited by Lord Sumption involves the court's ruling on former President Donald Trump's immunity. The majority opinion, supported by six of the nine justices, determined that a president is immune from prosecution for criminal acts committed during official duties, even after leaving office. This decision has raised questions about the extent of presidential power and accountability.

"What this means is that because of the awesome powers and responsibilities of the president he must be allowed to do what he wants, without being unduly 'distracted' by the thought that it may be a criminal offence."

The implications of this ruling are particularly significant given the upcoming US presidential election in November 2024. With Donald Trump currently neck-and-neck with the Democratic candidate, the court's decisions could have far-reaching consequences for American democracy.

Lord Sumption's critique extends beyond the US Supreme Court. He has previously voiced concerns about the European Convention on Human Rights and its court in Strasbourg, describing it as a "law-making factory" that has overstepped its authority. Additionally, he has been critical of COVID-19 lockdown measures, accusing the previous UK government of employing authoritarian tactics.

The US Supreme Court's influence on American society cannot be overstated. With the power of judicial review established in 1803, its decisions are binding on all lower courts and state courts in matters of federal law. The court receives thousands of petitions each term but only hears about 80 cases, making each ruling highly impactful.

As the United States approaches a critical election, Lord Sumption's warning resonates: "The United States has never stood in greater need of impartial constitutional arbiters in its highest court, and has never been further from getting them." This statement underscores the urgent need for a balanced and non-partisan judiciary to uphold the principles of democracy and the rule of law.