Grassley pointed out that many Americans now disapprove of the Supreme Court’s performance, and the healthcare decision did not improve its popularity. He cited a news account that showed Americans believe the decision was based mainly on the justices’ personal or political views, and only about 30 percent of Americans say the decision was made mainly on legal analysis.
When asked about the cause of that decline in public’s approval, O’Connor said: “I wish I knew.”
She speculated the Bush v. Gore decision was a tipping point. “It is conceivable because that was a very tense case that involved the holdovers from a very close election,” O’Connor said.