Steve Vladeck: “My own view is that a big part of what’s wrong with the current Court is that it has become completely un-accountable—both because Congress has stopped pulling those levers and because the internal pressure on the Court to moderate created by justices like Stewart, Powell, O’Connor, and Kennedy is no longer there.”
“It’s only in the absence of both forces that Justice Alito can say, as he did in 2023, that ‘no provision of the Constitution gives Congress the power to regulate the Supreme Court—period.’ Alito’s statement was and is literally incorrect, but it captures what has increasingly become the zeitgeist, and underscores why my own view is that restoring a culture of accountability is the best way to split the difference between preserving the Court’s independence and making it more worthy of the diffuse, public support that gives that independence real-world force.”
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