The Supreme Court's authority to declare laws unconstitutional—its main function today—is not explicitly mentioned in Article 3. This power of judicial review was established by the Court itself in the early 19th century, fundamentally shaping its role in the U.S. government's balance of powers.

The legal requirement that a plaintiff have a direct injury ("standing") is applied inconsistently. It can be a significant hurdle in some cases but is conveniently overlooked in others, suggesting it functions as a tool for the court to accept or reject cases based on its desire to rule on the underlying issue.

The perceived politicization of established legal institutions, such as the Delaware Chancery Court, undermines the principle of "rule of law." This creates a powerful opening for "rule of code," where smart contracts provide a deterministic, impartial alternative that cannot be retroactively altered by a judge.

Each Supreme Court justice employs four elite, recent law school graduates as clerks. These young, unelected individuals hold immense responsibility, making preliminary judgments on which cases the court should hear and writing the first drafts of opinions that shape American law—a reality not contemplated by the Constitution.

Despite public support for the death penalty being at a 50-year low, executions in America have surged. This is primarily because the conservative-leaning Supreme Court has ceased its former practice of issuing last-minute stays, effectively giving states a green light to proceed with executions without federal oversight or intervention.

The Supreme Court is systematically dismantling laws that protect heads of independent agencies (like the CFPB and FTC) from being fired at will. This aligns with the "unitary executive theory," concentrating power in the presidency and eroding the apolitical nature of regulatory bodies.

Unlike traditional justices who maintain decorum, Justice Ketanji Brown Jackson uses dissents to speak directly to the public. By using words like "disillusionment," she breaks the unwritten rule against criticizing the institution itself, signaling a belief that the court's integrity is compromised and attempting to reach a mainstream audience.

Janet Napolitano argues that recent Supreme Court doctrines presume a level of legislative clarity and capability that doesn't exist in modern politics. By expecting Congress to legislate with extreme precision on all major issues, the Court ignores institutional dysfunction and creates a standard the legislative branch cannot meet.

Viewing the Roberts Court as a single, unbroken entity is misleading. Its early phase was a 5-4 court where Justice Kennedy often sided with liberals, creating a sense of balance. His retirement and the appointment of three Trump justices created a new, more predictably conservative and lopsided era.