What (if anything) is wrong with the Supreme Court? Recent years have seen increasing controversy around the judicial body—contentious appointments, divisive opinions, and even leaks from inside. Some critics lay blame on the philosophy of originalism, others claim individual justices are acting to advance political agendas or point to structural features of the court and the process by which members are nominated and confirmed.
Kermit Roosevelt, a constitutional law professor, former Supreme Court clerk, and member of President Biden’s Supreme Court Reform Commission, assesses the court and its place in our system of constitutional democracy. What role should the Supreme Court play? What forces are driving the recent controversies? And what, if anything, can we do to make things better?