A Court Under Scrutiny: How Ethical Failures Endanger the Legitimacy of the Supreme Court

Authors

Presley A. Overbey, J.D., Duncan School of Law, Lincoln Memorial University

First & Last Page

149-175

Abstract

This Note explores the deepening legitimacy crisis facing the United States Supreme Court, arguing that ethical failures among its justices have eroded public confidence in the institution and threaten the foundational principles of American democracy. Beginning with an analysis of Institutional legitimacy and its relationship to public acceptance, this Note articulates why legitimacy, not merely power or authority, is essential to the judiciary’s function. Tracing the historical development of the Court and its evolving public perception, this Note Examines recent ethical controversies involving Supreme Court justices that have contributed to its growing unpopularity. It critiques the Court’s existing ethical framework, identifying significant gaps and a troubling absence of enforceable standards. Finally, it proposes congressional action and specific reform aimed at rehabilitating public trust and safeguarding the Supreme Court’s institutional legitimacy before irreparable damage is done.

Recommended Citation

Presley A. Overbey, J.D., A Court Under Scrutiny: How Ethical Failures Endanger the Legitimacy of the Supreme Court, 12 Lincoln Mem’l U. L. Rev. (2025).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol12/iss2/6