The Supreme Court of the United States (SCOTUS) faces increasing scrutiny regarding its perceived legitimacy amidst growing political polarization, according to Sarah Isgur’s latest publication, Last Branch Standing. Her book, released today, confronts these pressing concerns by offering pragmatic solutions aimed at preserving the court’s standing within the US governmental framework. An excerpt from the book published by SCOTUSblog presents some of these ideas in depth.
In her exploration, Isgur suggests refining the confirmation process for judges. While judges should transcend partisan bias, achieving this ideal is challenging amidst current confirmation dynamics. Referencing a proposal by two Harvard law students, Thomas Harvey and Thomas Koenig, Isgur outlines a revamped two-track system for confirmation. The first track reflects traditional supermajority requirements, while the second allows for confirmation by a simple majority across successive Congresses, thus placing the onus on the electorate to assess the legitimacy of each side’s actions.
The conversation surrounding the court’s ethics is also addressed with Isgur advocating for an enforceable code of conduct. The institution’s adoption of an ethics code in 2023 is a step forward, but Isgur argues its effectiveness lies in implementation, proposing that a board of retired federal judges review accusations and issue interpretations or recommendations.
Isgur further articulates the need for SCOTUS to increase its caseload to alleviate pressure and diffuse politicization. The reduction of threshold votes for granting a case review might encourage this change. She cites the 2025 term where several petitions related to gun rights were dismissed, suggesting that a broader hearing of cases could balance public perceptions by delivering varied outcomes.
Through her insights in Last Branch Standing, Sarah Isgur provides legal professionals and observers with potential frameworks to navigate the complexities of a modern Supreme Court. The rest of her perspectives can be explored on SCOTUSblog.