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Advisory Opinions

The Supreme Court Is Legitimate, Actually

Oct 3, 2024
Kannon Shanmugam, head of Supreme Court practice at Paul Weiss and a seasoned legal strategist, addresses the rising skepticism towards the judiciary. He emphasizes the importance of maintaining public trust in legal institutions and critiques proposals like court packing and term limits. The conversation dives into the dangers of questioning the Court's legitimacy and explores the bipartisan cooperation among justices. Shanmugam argues that unfounded criticisms threaten the fundamental principles of the rule of law, calling for respectful legal discourse.
48:21

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Podcast summary created with Snipd AI

Quick takeaways

  • Trust in judicial institutions is vital for the rule of law, as questioning the court's legitimacy poses a significant threat to societal respect for its rulings.
  • Contemporary proposals for court restructuring, such as term limits and court-packing, reflect dissatisfaction with the Court's current ideological leanings rather than addressing structural issues.

Deep dives

Concerns About Court Legitimacy

Recent critiques surrounding the Supreme Court's legitimacy have escalated, with worries emerging about the long-term impacts on the institution. The distinction between robust criticism of decisions and attacks on the court's fundamental legitimacy is becoming blurred. Critics have increasingly characterized the court as an illegitimate body, which poses a significant threat to the rule of law and societal respect for judicial rulings. The idea is that without respect for judicial authority, the very foundation of legal compliance and governance could deteriorate.

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