https://judicature.duke.edu/articles/losing-faith-why-publi…
https://judicature.duke.edu/articles/losing-faith-why-public-trust-in-the-judiciary-matters/
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PUBLISHED BY:
Bolch Judicial Institute
Duke Law School
by David F. Levi, Raymond J. Lohier Jr., Diane P. Wood and Jeffrey S. SuttonVol. 106 No. 2 (2022) | Losing faith? | Download PDF Version of Article
In June, Gallup released its annual survey on public confidence in the United States Supreme Court. The Court’s rating hit a historic low, with just 25 percent of Americans reporting “quite a lot” or “a great deal” of confidence in the Court, down from 36 percent in 2021. Data show that the Court is not the only institution in which the American people are losing confidence. Faith in institutions across the board — from organized religion and public schools to news media and big business — sank in 2022. And the Court remains the most trusted of the three branches of government. But this year marked the largest one-year drop in the Court’s rating since the poll began in 1973 and the third decrease in a row. Of note: The poll was conducted before the Court issued its major rulings for the 2022 term.
Polls are just one imperfect measure of public sentiment. And judges must administer justice impartially, without favor or bias or concern for which way the winds of public opinion may blow. But the rule of law largely depends on the willingness of ordinary people, as well as political actors, to abide by court rulings. How does declining faith in the courts affect respect for the judiciary as a whole? And what can judges do to help reverse the trend?
David F. Levi, director of the Bolch Judicial Institute and president of The American Law Institute, asked three judges of the United States Courts of Appeals — Judge Raymond J. Lohier Jr. (Second Circuit), Chief Judge Jeffrey S. Sutton (Sixth Circuit), and Judge Diane P. Wood (Seventh Circuit) — to consider these questions. Excerpts of their conversation, recorded in August 2022, follow. A podcast of the full discussion is available on The American Law Institute website at ali.org.
David F. Levi: I’ve known all of you for ma…