AALS Hot Topic Program

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Session Type: AALS Hot Topic Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: St. Charles Ballroom

Floor: Third Floor

As appointments to—and decisions by—the Supreme Court have become increasingly divisive, many observers have expressed concern that the legitimacy of the Court is at stake. Our constitutional system relies on a Supreme Court that is trusted to have the final say on the meaning of the Constitution because the Justices are insulated from partisanship and politics. But the public increasingly sees the Court as being driven by partisan considerations.

Panelists will discuss two questions. First, do we have to worry about the legitimacy of the Supreme Court? Second, what steps should be taken to address concerns about the Court’s legitimacy? Some states use judicial nominating commissions for appointments to their supreme courts. Should there be a federal judicial nominating commission? What other reforms would be desirable?

In addition to discussing concerns raised by recent Supreme Court appointments, panelists will address questions of legitimacy from a broader historical perspective.