The Antidote to Our Anti-Democratic Supreme Court

Grab Them by the Constitution America needs bold ideas to break the Supreme Court’s grip on democracy. Enter … the shadow court. We're sorry, but something went wrong while fetching your podcast feeds. Please contact us at plus@slate.com for help. Episode Notes Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else’s. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy? In her new book, The Shadow Court: Rescuing Democracy from the Supreme Court, Fordham law professor Julie Suk argues that the court isn’t just making some bad decisions—it’s working exactly as designed. Drawing on constitutional courts in democracies around the world that rebuilt the rule of law after falling to fascism and authoritarianism, Suk outlines a bold institutional answer: a shadow court that would issue advisory opinions on the same issues the Supreme Court decides, giving lawmakers and the public a concrete alternative to judicial supremacy. Dahlia and Julie also discuss how America’s legal and constitutional systems continue to fail women (also by design), from the stalled Equal Rights Amendment to Justice Alito’s claim that women’s reliance on Roe was merely “abstract”—and why the path to real change might run through state ratifying conventions, rather than state and federal institutions that have failed to reform themselves. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering longingly through the steamed-up windows of the Amicus Plus smokeless cigar bar—your finger hovering over that “subscribe to Slate Plus” button—now is the time to join. For a limited time (like, until Oct. 16), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive!