February 24, 1803 the Supreme Court gave itself the power of judicial review after making a final ruling on the Marbury v. Madison case. The power of judicial review itself allowed for a greater check and balance system alongside creating a tradition of justices following two routes. Those who use their position in power to help create societal change, and those who reserve power to be strictly what the Constitution says. 

Currently, the Supreme Court has a majority of Constitutional reservists who follow a more traditional belief system. This itself shows the greatest issue of the court;, justices are allowed to serve life-long terms and hold outdated traditional beliefs that no longer hold throughout the time. This constitutional reservist ideology has backgrounds in justices who defended the system of slavery and the creation of segregation. Despite their claims of impartiality and fairness, they are incredibly influenced through their outdated and often backwards belief system. 

In Dred Scott v. Sanford, the Supreme Court ruled that African Americans could not be considered Americans. There were the Civil Rights Cases in which the court struck down the Civil Rights Act of 1875, Plessy v. Ferguson created the era of segregation, Hammer v. Dagenhart ruled against banning child labor and Lochner v. New York was against shortening bakery labor hours.

Time after time these rulings made by traditionalists cause societal harm and uphold outdated, racist beliefs perpetuated further because they serve life-long terms allowing them to continue to rule in the same way. 

Even the greatest justices who rule in favor of better societal change cannot fix the Supreme Court’s issues. As what they rule can be by these traditionalist bigots, such as in the most recent time, Roe v. Wade. 

Roe v. Wade was ruled in favor of protecting the right to have an abortion in 1973. This case was a landmark in the progress of equal rights. Bodily autonomy was something extremely important in the fight for women’s rights and winning the case was a step made in the right direction. 

In 2022, however, the Supreme Court overturned Roe v. Wade, allowing numerous states to outlaw the right to choose. The bodily autonomy fought for and celebrated was ripped away by an extremely traditionalist anti-abortion court. The Court, no matter who attempts to create social change, is made to uphold a broken system and it does so time and time again. 

The Supreme Court needs to be restructured, the terms need to be shorter to make sure the judges are going to properly represent the time and civil liberties need greater protections.