Larry Tribe, Of Counsel at Kaplan Hecker & Fink, published a thought-provoking essay in the latest issue of The New York Review of Books titled, “Constrain the Court—Without Crippling It.”
This essay highlights the Supreme Court and its critics who argue that it has lost its legitimacy, leading to calls for reform. However, any proposed reforms must carefully balance preserving the Court's power and independence, crucial for our constitutional system. The Court has faced mounting criticism and disrespect, partly due to ethical scandals and differences between its interpretation of the Constitution and public sentiment. The concern is that undermining the Court's legitimacy could have unintended consequences. Other countries have grappled with similar tensions between an independent judiciary and preserving democratic values. The appointment of conservative justices has shifted the Court's direction, sparking concern about its impact on various issues. Ultimately, finding the right balance is essential to maintain a fair and impartial judiciary while safeguarding fundamental rights and representative government.
Read the full essay here.