Disempowering the Supreme Court

A small but influential faction of progressive legal scholars is publicly arguing not just for doctrinal critique but for neutralizing the Supreme Court’s institutional power—framing judicial disempowerment as a democratic corrective. That rhetorical move reframes conventional remedies (appointments, legislation, argument) into a program of structural removal or severe limitation of judicial review. — If that argument gains traction, it would trigger fundamental debates—and concrete policy fights—about separation of powers, rule of law, and how democracies check majority rule versus constitutional restraints.