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'If You Can Keep It': The Realities Of Supreme Court Reform

May 11, 2026
Jack Balkin, Yale constitutional law professor and former presidential commission member; Alicia Bannon, Brennan Center judiciary director; Kate Shaw, law professor and Strict Scrutiny co-host. They discuss court expansion proposals, historical and political roots of the nine-justice norm, term limits and retirement rules, shadow docket reform, ethics and confirmation process fixes, and Congress’s role in restoring balance.
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INSIGHT

Democracy Cases Erode Diffuse Support

  • Democracy-related rulings (voting, Citizens United) are key drivers of declining diffuse support for the Court.
  • Cases enabling more political spending and easing discriminatory map challenges erode institutional legitimacy.
INSIGHT

Diffuse Support Has Collapsed

  • The Court now lacks 'diffuse support' and is mainly trusted only by those who like recent outcomes.
  • Jack Balkin warns this partisan-conditioned support threatens long-term institutional legitimacy.
ADVICE

Adopt Regular Term Limits For Justices

  • Implement term limits (commonly 18 years) to align U.S. practice with other democracies and regularize appointments.
  • Alicia Bannon highlights bipartisan public support and the advantage of predictable turnover for democratic accountability.
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