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Analysis | The Supreme Court Reform Whose Time Has Come?


There is something to gain for legislators here too: most notably, that the Supreme Court would be consistently more moderate and thus less likely to overrule the legislature or engage in matters generally reserved for those legislators. While liberals disapprove of the Supreme Court more these days, in recent decades it has been Republicans who have disapproved of “activist” judges. Creating a more consistently divided court would reduce the possibility of a court leaning in one way or another from making sweeping judgments that could be construed as such.

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