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U.S. Supreme Court,
Constitutional Law

Sep. 25, 2020

RBG’s death portends a legitimacy crisis for the United States Supreme Court

Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three of them were confirmed by senators who represent less than half the population. Soon, in all likelihood, both numbers will increase by one — meaning a majority of Supreme Court justices will have been appointed by presidents without a popular mandate and confirmed by senators representing a minority of Americans.

Ben Feuer

Chairman
Complex Appellate Litigation Group LLP

Appellate Law

Email: ben.feuer@calg.com

Northwestern Univ School of Law

RBG’s death portends a legitimacy crisis for the United States Supreme Court
Flowers, balloons, messages in chalk and other items left in memory of Justice Ruth Bader Ginsburg at a makeshift-memorial that has sprung up outside the U.S. Supreme Court in Washington, Sept. 20. (New York Times News Service)

Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three of them were confirmed by senators who represent less than half the population. Soon, in all likelihood, both numbers will increase by one — meaning a majority of Supreme Court justices will have been appointed by presidents without a popular mandate and confirmed by senators representing a minority of Americans.

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