The Supreme Court of the United States, Its Business, Purposes and Performance

Sixty-three years ago Mr. Justice Brewer, a judge who was hardly the darling of the forces of democracy, had this to say about the role of criticism of the Supreme Court:

It is a mistake to suppose that the Supreme Court is either honored or helped by being spoken of as beyond criticism. On the contrary, the life and character of its justices should be the objects of constant watchfulness by all, and its judgments subjected to the freest criticism. . . . True, many criticisms may be, like their authors, devoid of good taste, but better all sorts of criticism than no criticism at all.¹

Americans have not been reticent about availing themselves of this privilege. From John Marshall's day onward a tide of critical commentary has run--of varying degrees of respectfulness and respectability. Even state judges have at times joined the ranks of the

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