That the Supreme Court is ethically compromised has become almost comically obvious. Recent sweeping decisions, from the overturning of Roe v. Wade to the dismantling of affirmative action, to the extension of innocent Americans’ prison sentences, have been handed down in the midst of myriad scandals involving justices and their wealthy, purportedly uncorrupt friends. The high court, now dominated by conservatives, is not just independent but dangerously rogue. For Issue...
American constitutional politics has a terrible bottleneck problem. Virtually all meaningful debate and reform is funneled into the judiciary. Its dominance is often defended on the grounds that, as law professor and diplomat Eugene Rostow contended in the 1950s, the bench — with the Supreme Court at the top — oversees a “national seminar.” According to this view, the Court, through a reasoned and conscientious engagement with a broad range...