Judicial Branch

  • Stephen Vladeck: Bring Back the Second Part of FDR's SCOTUS Reform Plan

    by Stephen Vladeck

    As the Supreme Court adopts a posture of governing by injunction before lower court appeals run their course, should revive FDR's proposal that cases seeking to throw out state or federal rules be heard by special panels, not single judges chosen through jurisdiction-shopping. 

  • Court Reform is Dead! Long Live Court Reform!

    by Ryan D. Doerfler and Samuel Moyn

    From today's perspective, Biden's commission to investigate reforms to the Supreme Court seems timid and its recommendations minimal. But its report, issued at a moment when the Court seems prepared to go on a spree of consequential rulings, may in the future be regarded as the first domino to fall on the way to major changes.

  • How Democrats Lost the Courts

    "Some Democrats are starting to suspect that the story is simpler: They’ve been chumps. They have clung to norms Republicans long ago abandoned. They have championed moderates in order to appeal to their enemies, only to watch those moderates twist in the wind."