President Biden's Commission on the Supreme Court, tasked with providing "an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform," has voted to send its report to the President. While the Commission was not asked to advance recommendations, what groundwork does the report lay for reform efforts? What issues need to be resolved to restore the Court's legitimacy? And in a month when we've seen more than ever the Court's potential to impact people's lives, what changes can be made to ensure that it remains an institution that can be trusted with our constitutional rights?
Featured Speakers:
Commissioner Kermit Roosevelt, David Berger Professor for the Administration of Justice, University of Pennsylvania Carey Law School
Russ Feingold, President, ACS
Julie Suk, Professor of Law, Fordham University School of Law
This month President Biden will convene the Summit for Democracy, which will bring together global leaders to set forth an affirmative agenda for democratic renewal and tackle some of the greatest threats faced by democracies today. This convening is happening against the backdrop of significant democratic decline both at home and abroad, where longstanding democratic norms related to good governance, judicial independence, and transition of power are being challenged by leaders with authoritarian tendencies.
In the United States these trends are particularly troubling with experts arguing that the degree of democratic erosion we are currently seeing, particularly as it relates to electoral integrity and anticorruption, is customarily assigned to fragile corners of the globe rather than established democracies. In an era where waves of false and misleading information are sowing doubt in the inherent value of democratic governance, what can be done to stem the tide of democratic erosion? And what can we learn from other countries who have faced similar threats?
Welcome Remarks: Kara Stein, Vice President of Policy and Program, ACS
Panelists: Debra Perlin, Director of Policy and Program, ACS, Moderator Ashutosh Bhagwat, Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality and Martin Luther King Jr. Professor of Law, University of California Davis School of Law Aziz Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School Sarah Repucci, Vice President of Research & Analysis, Freedom House Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs, Princeton University School of Public and International Affairs
As we approach the one-year anniversary of the 2020 election, advocates and lawmakers are still debating how best to protect our democratic institutions and promote accountability for executive branch transgressions. Some are particularly concerned about the role that the Department of Justice and its Office of Legal Counsel (OLC) played in undermining congressional oversight during the Trump years, when it issued opinions that arguably distorted the separation of powers by brooking no recognition for Congress's prerogatives as a co-equal branch.
Others are focused on the need to protect and strengthen the roles of Inspectors General after former President Trump fired four IGs in the span of six weeks in what some called a "dangerous pattern of retaliation" against federal watchdogs. Recognizing that transparency and oversight is key to democratic survival, what are the best ways to achieve accountability for executive branch transgressions? What role should the Office of Legal Counsel play in reigning in executive branch illegality? And what reforms to the Inspector General system are needed so that these watchdogs can provide the independent nonpartisan oversight they are legislatively required to deliver?
Welcome Remarks: Russ Feingold, President, ACS
Panelists: Josh Gerstein, Senior Legal Affairs Reporter, Politico, Moderator Liza Goitein, Director of the Liberty and National Security Program, Brennan Center for Justice Jameel Jaffer, Executive Director, Knight First Amendment Institute, Columbia University Annie Owens, Senior Counsel, Institution for Constitutional Advocacy and Protection Andrew Wright, Partner, K&L Gates
On November 2, 2021, ACS held an expert debrief the day after the Court heard historic arguments about Texas's abortion ban that by its terms attempts to avoid judicial review.
Welcome Remarks: Kara Stein, Vice President of Policy and Program, ACS
Panelists: Kimberly Atkins Stohr, Senior Opinion Writer and Columnist, Boston Globe, Moderator Elizabeth Sepper, Professor of Law, University of Texas at Austin School of Law Joseph Thai, Associate Dean for Research and Enrichment, Glenn R. Watson Centennial Chair in Law and Presidential Professor of Law, University of Oklahoma College of Law
ACS President Russ Feingold joined The Berkeley Forum at the University of California, Berkeley to discuss the Court’s legitimacy crisis and some of the specific reforms that are urgently needed, including adding seats to the Supreme Court and ending life tenure in favor of term limits.
On September 21st, ACS hosted its annual panel discussion at which a diverse group of experts offered their insights previewing the Supreme Court Term that will begin October 4th.
Welcome Remarks: Russ Feingold, President, ACS
Featured Speakers: Joan Biskupic, CNN Legal Analyst, Moderator Jennifer Dalven, Director, Reproductive Freedom Project, American Civil Liberties Union Shay Dvoretzky, Partner, Skadden, Arps, Slate, Meagher & Flom LLP Alexis Hoag, Assistant Professor of Law, Brooklyn Law School Darrell Miller, Melvin G. Shimm Professor of Law and Associate Dean for Intellectual Life, Duke University School of Law Aaron Tang, Professor of Law, UC Davis School of Law
