January 3, 2019
1:30 pm - 3:15 pm
Session Type: AALS Hot Topic Programs
Session Capacity: N/A
Hotel: 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.
Organization: Washington University in St. Louis School of Law
Organization: University of California, Irvine School of Law
Organization: Pepperdine University, Rick J. Caruso School of Law
Organization: University of Nevada, Las Vegas, William S. Boyd School of Law
Moderator and Speaker
-  AALS Hot Topic Program - Partisan Conflict and the Legitimacy of the Supreme Court: $0.00