The Yale Law Journal

Daniel Epps

Forum

Supreme Court Reform and American Democracy

Daniel Epps & Ganesh Sitaraman

The current crisis of the Supreme Court is inextricable from the question of the Court’s role in our democracy. We identify three strategies for ensuring the Court maintains its proper role—internal restraint, external constraints, and structural reform—and argue that internal restraint and external…

Feature

How to Save the Supreme Court

Daniel Epps & Ganesh Sitaraman

The Supreme Court faces an impending legitimacy crisis. This Feature explains why structural reform is necessary to save what is good about the Court, and identifies criteria that effective reform should satisfy. The Feature then proposes two alternative reforms to the Court’s structure: the Lottery…