Document Type
Article
Publication Title
Iowa Law Review
Publication Date
2020
ISSN
0021-0558
Page Number
181
Keywords
Supreme Court, judicial celebrity, concurring & dissenting opinions
Disciplines
Law | Supreme Court of the United States
Abstract
The Supreme Court is broken. After cataloging its dysfunctions, this Article suggests a contributing cause and proposes a solution. The contributing cause is that Justices have become celebrities, and, like other celebrities, play to their fan base. The solution is to limit their opportunities to use their official status to do so: Congress should pass a law prohibiting concurring or dissenting opinions and requiring each case to be decided by an unsigned opinion that does not disclose the number of Justices who join it. The Article outlines the advantages of such a law and considers possible objections to it, including both constitutional and nonconstitutional objections. It ultimately concludes that it would be constitutional and that although there are significant risks, the probable benefits outweigh the probable costs. And because it is a statutory solution rather than a constitutional one, it can be viewed as an experiment that can easily be terminated if it does not work out. In the current climate, it is a risk worth taking.
Recommended Citation
Suzanna Sherry,
Our Kardashian Court (and How to Fix It), 106 Iowa Law Review. 181
(2020)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1186