How Congress Can Depoliticize The Supreme Court

Law360 (September 23, 2020, 5:20 PM EDT) -- As Judges Eric Moyé and Craig Smith, along with practitioner Thomas Melsheimer, incisively explained in making the case for a nonpolitical federal judiciary in a recent Law360 article, the process for filling U.S. Supreme Court vacancies has become increasingly politicized over the last several decades.

This has gradually delegitimized the high court in the eyes of many Americans, who now cynically, but perhaps appropriately, view the high court as an unelected and unaccountable extension of a political establishment they have largely come to loathe.

Even more consequential is how the nomination process, when taken together with the increasingly results-oriented approach that judges on...

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