refusal to act on the nomination of Merrick Garland, citing a presidential election that was eight months away, together with the same partisan majority expediting the nomination of Amy Coney Barrett held less than 2 months before the 2020 presidential election four years later, showed that the Senate deems the institution to be of partisan importance. Further evidence of partisanship can be found in the sinking confidence ratings for the Court among Independents (25%) and Democrats (13%) in the 2022 Gallup poll. Lastly, FiveThirtyEight found the number of unanimous decisions dropped from the 20-year average of nearly 50% to nearly 30% in 2021 while party-line rulings increased from a 60-year average just above zero to a record high 21%. Individual rights Court decisions have been criticized for failing to protect individual rights: the Dred Scott (1857) decision upheld slavery; Plessy v. Ferguson (1896) upheld segregation under the doctrine of separate but equal; Kelo v. City of New London (2005) was criticized by prominent politicians, including New Jersey governor Jon Corzine, as undermining property rights. Some critics suggest the 2009 bench with a conservative majority has "become increasingly hostile to voters" by siding with Indiana's voter identification laws which tend to "disenfranchise large numbers of people without driver's licenses, especially poor and minority voters", according to one report. Senator Al Franken criticized the court for "eroding individual rights." However, others argue that the court is too protective of some individual rights, particularly those of people accused of crimes or in detention. For example, Chief Justice Warren Burger was an outspoken critic of the exclusionary rule, and Justice Scalia criticized the court's decision in Boumediene v. Bush for being too protective of the rights of Guantanamo detainees, on the grounds that habeas corpus was "limited" to sovereign territory. Judicial activism The Supreme Court has been criticized for not keeping within Constitutional bounds by engaging in judicial activism, rather than merely interpreting law and exercising judicial restraint. Claims of judicial activism are not confined to any particular ideology. An often cited example of conservative judicial activism is the 1905 decision in Lochner v. New York, which has been criticized by many prominent thinkers, including Robert Bork, Justice Antonin Scalia, and Chief Justice John Roberts, and which was reversed in the 1930s. An often cited example of liberal judicial activism is Roe v. Wade (1973), which legalized abortion on the basis of the "right