Reasonably Optimistic How Americans developed an unhealthy relationship with the Supreme Court
Apr 22, 2026
Sarah Isgur, Supreme Court analyst known for clear historical and legal context. She traces how the Court gained power and key inflection points in its history. She contrasts originalism with living constitutionalism. She explains the court’s current voting blocs, public backlash, and practical reforms to restore legitimacy.
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Assassination Attempt Motivated By Dobbs Leak
- Nicholas Roski flew to D.C. intending to assassinate Brett Kavanaugh after the Dobbs draft leak.
- Sarah Isgur recounts the incident to show how court decisions and leaks can inspire extreme, violent reactions.
Court Became A Substitute Legislature
- Americans expect the Supreme Court to tell us what the law should be rather than what it is.
- Megan McArdle argues Congress has abdicated lawmaking, pushing contentious policy into lifetime judicial hands and fueling polarization and occasional violence.
1925 Docket Control Changed The Court
- Control of the Court's docket after 1925 transformed the job and enabled a rapid expansion of constitutional rights.
- With discretion to choose cases, justices shifted from clearing backlogs to actively shaping constitutional doctrine.