Skip to content

Adrian Vermeule, Political Constraints on Supreme Court Reform, 90 Minn. L. Rev. 1154 (2006).

Abstract: This essay describes and explains the political constraints that limit structural reform of the Supreme Court, using the failure of Roosevelt's 1937 court-packing plan as a running example. The thesis is that movements for structural reform of the Court have a self-negating tendency. The very conditions that produce demand for structural reform of the Court also tend to produce counterforces that block reform.