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Constitutional Law,
U.S. Supreme Court

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
California Appellate Law Group LLP

Appellate Law

96 Jessie St
San Francisco , CA 94105

Phone: (415) 649-6700

Email: ben@calapplaw.com

Northwestern Univ School of Law

Ben handles civil and business appeals in the 9th Circuit and California Courts of Appeal. He is a former 9th Circuit law clerk and co-chair of the Appellate Section of the Bar Association of San Francisco. the Daily Journal named Ben as one of the Top 40 Under 40 lawyers in California for 2018.

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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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