Advisory Opinions
The Supreme Court Is Legitimate, Actually
Oct 3, 2024
Kannon Shanmugam, head of Paul-Weiss' Supreme Court practice, passionately defends the judiciary's legitimacy amidst rising criticism. He argues that questioning the Court's role can undermine trust in key institutions. The conversation delves into the dangers of court packing and the allure of term limits, emphasizing the need for constructive dialogue on judicial nominations. Shanmugam also highlights the importance of ethical considerations and the implications of public perception on the court's integrity in today's polarized environment.
48:21
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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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