![]() As Justice Elena Kagan warned, it is “a dangerous time for the Court” because “people increasingly look at us and say ‘this is just an extension of the political process.’” In a recent article entitled “ How to Save the Supreme Court,” Professors Daniel Epps and Ganesh Sitaraman put it bluntly: “The Court must radically change-or die.”įirst published as a shorter piece in Vox, Epps and Sitaraman’s article proposes two radical structural changes to the Supreme Court that they believe would reduce the partisanship surrounding the nomination process and the court’s decisions. Now that Kennedy has retired, all nine justices are expected to cast votes in line with the preferences of the party that appointed them. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to hold hearings or a vote for President Barack Obama’s Supreme Court nominee, followed by the fractious hearings and party-line vote to replace “swing” Justice Anthony Kennedy with Brett Kavanaugh. ![]() The Supreme Court faces a crisis of legitimacy. ![]()
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