“This Chapter argues that looking to the substance of the Court’s decisions brings a more complete case for Court reform into view. The complete argument for Court reform has two parts: First, the Court’s recent decisions have been substantively wrong, so wrong that some intervention is needed to undo them and to avert similar decisions in the future. Second, the existing formal arguments for Court reform identify a set of potential changes, consistent with widely held political values, that would answer that need. Section A surveys the major formal arguments for Court reform and shows that the formal debate on reform is complicated and unresolved. Section B looks to historical context to explore the role of substantive disagreement with the Court in past moments of national interest in Court reform and in the present moment.”

Confusion and Clarity in the Case for Supreme Court Reform