

UNRESOLVED: The Future of the Supreme Court
11 snips Feb 7, 2025
Join former Senator Jeff Flake, law professors Cristina Rodríguez and Jamal Greene, and ex-Attorney General Jeff Sessions as they tackle the future of the Supreme Court. They debate the contentious idea of term limits for justices, weighing potential benefits against risks of politicization. The conversation delves into judicial independence, external ethics codes, and the implications of expanding the court. The guests also address the striking trust gap between political parties and explore historical factors affecting the court’s legitimacy.
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Term Limits and Democratic Responsiveness
- Term limits for Supreme Court justices would regularize appointments, distributing political influence more evenly.
- This would make the court's composition reflect election outcomes better.
Current System's Effectiveness
- The Supreme Court currently functions effectively, and term limits might politicize appointments further.
- The average tenure is already shorter than proposed term limits, making the reform unnecessary.
Justice Kennedy's Influence
- In one Supreme Court term, Justice Anthony Kennedy was in the majority of every 5-4 decision.
- This illustrates the excessive power held by swing justices under the current lifetime appointment system.