To some eyes, the Supreme Court faces a legitimacy crisis. Favorable views of the court are hovering around historic lows. Just 40-some percent of Americans have a positive view of the institution, down from 60 percent or more in 2020. And views by party are, predictably, sharply divided, with Democratic approval in the 20s.
As the country has become more polarized, and the court has become more decidedly dominated by Republican appointees, there is an increasing sense that a branch that describes itself as above politics is, in fact, plenty political — and aligned with Republicans.
This has led to suggestions, largely on the left, but not exclusively, for changing the court: packing it with more members, instituting term limits, or establishing an enforceable code of ethics.
But today’s guest argues that folks should slow their roll. She argues that the court isn’t as partisan as it’s made out to be, and that it’s in fact the only branch of government that the Founders would have any hope of recognizing today.
Sarah Isgur makes the case in her new book, Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today’s Supreme Court. She joins the podcast to argue that the court is less partisan, more functional and more constitutionally recognizable than its critics allow.
