The Supreme Court has seen renewed scrutiny in recent years over allegations that its decisions are unacceptably partisan. In a new piece for the Brennan Center for Justice, CERL Affiliated Faculty Member Kermit Roosevelt reflects on the varying conceptions of SCOTUS justices as heroes or villains, and notes that an integrated and historical approach to the institution shows that they are neither, but that the two-party system does not align with the Framers’ conception of the Supreme Court. Professor Roosevelt, citing his new book, argues that 18-year term limits would allow each president to appoint two justices in a four-year term, making the court more aligned with democratic will; in fact, some of its best decisions historically have come when its political makeup aligned with that of recent presidencies.

Kermit Roosevelt is the David Berger Professor for the Administration of Justice at Penn Carey Law School. He is also a member of CERL’s Affiliated Faculty. Read his bio here.

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.