As noted above, Sarah Isgur’s book, Last Branch Standing, is out today. Here’s a preview of the excerpt of the book we published on SCOTUSblog this morning.
The Supreme Court is losing legitimacy—the only superpower it has. It’s under attack from partisan critics and presidents who don’t want their power challenged.
Yet the court isn’t perfect. Does the institution need to change to catch up to th...
The strongest version of this narrative is that the Supreme Court faces a legitimacy crisis driven by partisan polarization, and structural reforms could restore public trust without sacrificing its independence. The proposals—such as a two-track confirmation process and an enforceable ethics code—are framed as pragmatic solutions to institutional vulnerabilities. The argument acknowledges the Court’s flaws while avoiding outright cynicism, instead offering mechanisms to depoliticize appointment...