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.
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Shifting Criticism of the Court
- Escalating criticism of the Supreme Court has shifted from critiquing decisions to questioning the institution's legitimacy.
- This shift is unlike criticisms of other branches of government, where disagreement rarely escalates to legitimacy attacks.
Danger to the Rule of Law
- The increasing attacks on the court's legitimacy are dangerous because they could undermine the rule of law.
- The Supreme Court relies on public respect and obedience, not force, to uphold its decisions.
Reaction to Shanmugam's Speech
- Kannon Shanmugam's speech defending the court's legitimacy received overwhelmingly positive feedback.
- Some criticism focused on Shanmugam's role as a Supreme Court advocate, rather than the speech's substance.