Alexander Hamilton described the Supreme Court as the “least dangerous branch” of government. Times have changed. As the size, scope, and power of the federal government expanded, so too has the Court’s power and importance. This has altered the incentives of presidents and senators in the confirmation process. It has encouraged the political branches to cast aside governing norms to secure seats on the Court — particularly as both the Court and the political parties have grown increasingly polarized. And it has encouraged a lack of accountability among the justices themselves, as a spate of ethics scandals has shown.
The Brennan Center studies the Supreme Court and supports transformational reforms — including term limits and an enforceable ethics code — as critical steps toward restoring public faith in our judicial system.
