Supreme Court as Superweapon: A Response to Epps & Sitaraman

15 Pages Posted: 12 Nov 2019

Date Written: November 4, 2019


Is the Supreme Court’s legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, "How to Save the Supreme Court," they suggest legally radical reforms to restore a politically moderate Court. Unfortunately, their proposals might destroy the Court’s legitimacy in order to save it. And their case that there *is* any crisis may fail to persuade a reader with different legal or political priors. If the Supreme Court needs saving, it will be saving from itself, and from too broad a conception of its own legal omnipotence. A Court that seems unbound by legal principle is too powerful a weapon to leave lying around in a democracy; we should start thinking about disarmament.

Keywords: Supreme Court, legitimacy, Anthony Kennedy, court-packing, lottery, balanced bench, Daniel Epps, Ganesh Sitaraman, judicial reform

JEL Classification: K4, K40, K41

Suggested Citation

Sachs, Stephen E., Supreme Court as Superweapon: A Response to Epps & Sitaraman (November 4, 2019). 129 Yale Law Journal Forum 93 (2019), Duke Law School Public Law & Legal Theory Series No. 2019-77, Available at SSRN:

Stephen E. Sachs (Contact Author)

Harvard Law School ( email )

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Cambridge, MA 02138
United States
617-495-5009 (Phone)

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