Supreme Court Infighting Erodes Public Confidence and Legal Predictability
Supreme Court justices are openly criticizing each other, signaling rising internal divisions.
Why it matters: Visible tensions shape how the Court rules—and how its decisions are received. Legal teams must monitor these splits, as they affect legal strategy and predict the direction of precedent in major cases.
- Justice Sotomayor criticized Justice Kavanaugh’s perspective in Noem v. Perdomo on April 7, 2026.
- Justice Jackson called some recent orders in favor of the Trump administration 'scratch-paper musings.'
- Justice Thomas decried the loss of collegiality among justices on April 15, 2026.
- Public approval of the Supreme Court dropped to 39% in July 2025, from 59% in 2018.
Internal rifts are spilling into public view at the U.S. Supreme Court. Exchanges have turned unusually personal, clouding both the image and the influence of the Court.
- On April 7, 2026, Justice Sonia Sotomayor challenged Justice Brett Kavanaugh's separate opinion in Noem v. Perdomo, saying his 'privileged background' limited his understanding of hourly workers.
- Justice Ketanji Brown Jackson, just days after, accused conservative colleagues in a written dissent of handing down quick, often unsigned orders—known as the 'shadow docket'—that favored the Trump administration, calling these moves 'scratch-paper musings.' (SCOTUSblog)
- On April 15, 2026, Justice Clarence Thomas expressed concern over the Court losing its tradition of internal civility. He said some justices now "recast themselves as institutionalists, pragmatists, or thoughtful moderates."
These pointed words come as the Court ruled 6-3 to limit lower courts’ power to issue nationwide injunctions—broad orders that block federal policies nationwide, not only for the parties involved (The Guardian).
- Justice Sotomayor dissented from the bench, signaling the issue’s high stakes and underscoring how divided the justices have become—even in how decisions are delivered.
- Michael Nelson, a political science professor at Penn State, explained on SCOTUSblog: "When the public sees such a deep divide among the justices, it undermines the sense of fairness and leads people to suspect decisions are already determined by ideology."
This open conflict aligns with record-low public trust. Gallup polls show Court approval plummeted from 59% in 2018 to 39% by July 2025. For corporate legal departments and litigators, unpredictability in Court decisions complicates risk assessment and legal strategy.
By the numbers:
- 59% — Supreme Court public approval in 2018 (Gallup)
- 39% — Public approval in July 2025 (Gallup)
- 6-3 — Recent split decision on nationwide injunctions
Yes, but: Public-facing disputes may not always reflect private deliberations, and some justices have noted that disagreement can clarify legal arguments without damaging working relationships.
What's next: Watch for upcoming major decisions this term, which could further test the Court’s cohesion and impact high-stakes federal policies.