The latest edition of SCOTUStoday highlights a critical discourse on the current state of the U.S. Supreme Court, occasioned by the release of Sarah Isgur’s book, Last Branch Standing. Positioned within an era of political upheaval and diminishing trust, the book navigates the viability of traditional court practices amid heightened partisan scrutiny.
Isgur argues that the court is struggling against external pressures that seek to undermine its legitimacy—a reputation anchored in impartiality and autonomy. One novel proposal from her book is a dual-track system for judicial confirmations that revives the filibuster while providing an alternative approval path through two successive Senate elections. The proposition aims to curb partisan obstructionism and foster public accountability (read more about the idea here).
The book further advocates for an enforceable code of ethics to reinforce public confidence. Without meaningful enforcement mechanisms, criticisms—founded or unfounded—continue unchecked. Isgur suggests the formation of an ethics board comprising retired federal judges, tasked with interpreting rules and addressing potential violations through non-binding recommendations.
Another area of focus is the court’s case selection process. Isgur argues that taking on more cases would mitigate the sensationalism surrounding singular landmark decisions. She suggests procedural reforms, such as reducing the number of votes needed to grant certiorari, to encourage broader case acceptance and, consequently, a more holistic interpretation of jurisprudence.
For a more in-depth look at Isgur’s perspective on safeguarding the Supreme Court’s integrity, the full excerpt is available on SCOTUSblog.