Protecting the Supreme Court: Why Safeguarding the Judiciary’s Independence is Crucial to Maintaining its Legitimacy

Authors

Isabella Abelite, Fordham University School of Law
Evelyn Michalos, Fordham University School of Law
John Rogue, Fordham University School of Law

Document Type

Article

Publication Title

Democracy and the Constitution Clinic

Volume

January

Publication Date

2021

Keywords

constitutional law, supreme court

Abstract

The stability of the Supreme Court’s size and procedures is a critical source of legitimacy, but reforms might protect the Court’s independence from politics. Perceptions among members of the public that justices are political actors harms the rule of law. This report discusses reforms to ensure that each president receives the same number of appointments to the Supreme Court. The report also considers how to guarantee each nominee a Senate hearing and reforms to the retirement stage of justices’ tenures.

Recommended Citation

Isabella Abelite, Evelyn Michalos, and John Rogue, Protecting the Supreme Court: Why Safeguarding the Judiciary’s Independence is Crucial to Maintaining its Legitimacy, January 1 (2021)
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1112