The Impartiality Paradox

Abstract

The constitutional principles that bind our free society instruct that the American people must "hold the judgeship in the highest esteem, that they regard it as the symbol of impartial, fair, and equal justice under law."' Accordingly, in contrast with the political branches, the Supreme Court's decisions "are legitimate only when [the Court] seeks to dissociate itself from individual or group interests, and to judge by disinterested and more objective standards." As Justice Frankfurter said, "justice must satisfy the appearance of justice.