Full Story When did the US supreme court become so ‘lawless’?
Oct 3, 2025
Leah Litman, a law professor at the University of Michigan and former Supreme Court clerk, joins the discussion on the politicization of the US Supreme Court. She explores how the Court has shifted toward partisanship and its implications for American democracy. Litman delves into the role of Supreme Court clerks, the ideological selection process, and the mechanisms for holding justices accountable. They also examine the potential impact of upcoming cases on voting rights and LGBTQ issues, and whether the Court can regain its legitimacy.
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Clerk Hiring Has Become Ideological
- Litman argued clerk hiring has become more ideologically sorted, shrinking the talent pool to people who think like particular justices.
- She warned that this narrowing will shape the future judiciary and legal profession profoundly.
Court Was Never Neutral, Now More Partisan
- Litman stressed the court was never apolitical but is now more partisan and closer to a tipping point she observed while clerking.
- She noted justices may sincerely think they are doing law even when making politically consequential judgments.
Congress Still Has Leverage Over The Court
- Litman explained Congress retains tools to hold the Supreme Court accountable, like controlling jurisdiction, budget, and impeachment.
- She observed Congress has largely stopped using those powers in recent decades, reducing checks on the court.
