It's time to accept the US Supreme Court is illegitimate and must be replaced
7 hours ago
- #Political Reform
- #Judicial Legitimacy
- #US Supreme Court
- The US Supreme Court's conservative supermajority under Trump's second term has prioritized empowering the executive branch, leading to a decline in public approval.
- Historically, the Court's legitimacy was tied to public perception and acceptance, as highlighted in cases like Planned Parenthood v Casey.
- Liberal justices have responded with nostalgia for a Court that valued its institutional standing, but some, like Ketanji Brown Jackson, are advocating for more aggressive warnings about the Court's declining legitimacy.
- Critics argue that the Court's recent rulings, such as those on federal spending and independent agencies, demonstrate a disregard for public and legal community opinions.
- Some liberals and legal scholars express concern that abandoning faith in the Court could lead to constitutional nihilism, while others advocate for institutional reforms to address democratic deficits.
- Progressive reformers are exploring ways to expand and disempower federal courts, focusing on empowering ordinary people rather than relying on judicial power.
- The article concludes by suggesting that the Supreme Court's current trajectory under Trump's appointees necessitates pushing for institutional change rather than attempting to restore its former legitimacy.