What protections does the Court have when it is out of step with the American people?
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Analysts of the U.S. Supreme Court’s 2021-22 term have determined that its rulings were the most conservative in the last 90 years. Rulings in cases on a range of issues, including reproductive rights (abortion and privacy rights), separation of church and state (1st Amendment), the scope of the 2nd Amendment (gun rights), Native American treaty rights, redistricting and voting rights (14th and 15th Amendments) and the scope of regulatory agency authority, were consistently more conservative than the positions held by the majority of the American people and were, in some cases, dramatic departures from its own recent rulings.
What protections does the Court have when it is out of step with the American people? What risks does the Court run in the short-term and in the longer-term when it issues multiple rulings that do not have popular support?
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