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The Authority of the Court and the Peril of Politics

A sitting justice reflects upon the authority of the Supreme Court?how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than ?politicians in robes??their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court?s history, he suggests that the judiciary?s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, ?no influence over either the sword or the purse,? the Court earned its authority by making decisions that have, over

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