Political Constraints on Supreme Court Reform
Author(s) -
Adrian Vermeule
Publication year - 2005
Publication title -
ssrn electronic journal
Language(s) - English
Resource type - Journals
ISSN - 1556-5068
DOI - 10.2139/ssrn.836864
Subject(s) - supreme court , politics , political science , law , law and economics , public administration , economics
This essay describes and explains the political constraints that limit structural reform of the Supreme Court, using the failure of Roosevelt's 1937 court-packing plan as a running example. The thesis is that movements for structural reform of the Court have a self-negating tendency. The very conditions that produce demand for structural reform of the Court also tend to produce counterforces that block reform.
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