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33:43Now PlayingIn this episode of Legal AF, Ray Brescia talks to Julie C. Suk, a law professor at the Fordham School of Law about her provocative new book, The Shadow Court: Rescuing Democracy from the Supreme Court. In it, she argues that the fundamental threat to our republic isn’t just partisan decisions, but an antiquated institutional design. Our eighteenth-century Supreme Court was created to decide individual cases, yet it now makes sweeping, nationwide rules with zero democratic accountability—often driven by “numerical-minority Justices” appointed by minority presidents and confirmed by a malapportioned Senate. But Suk doesn't just critique; she builds. Drawing on her decades of comparative legal research and conversations with constitutional judges around the globe—from Germany and South Africa to South Korea and Colombia—Suk proposes a groundbreaking solution: “The Shadow Court.” Organized as an Article I advisory body, this non-binding, term-limited institution would shadow the Supreme Court, performing abstract review and issuing public advisory opinions. It would act as a first guardrail of democracy, providing Congress and “We the People” with a coordinated, legally rigorous voice to challenge executive overreach and regain popular sovereignty.
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