Grab Them by the Constitution

<p>Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else&#39;s. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy?</p><p>In her new book, <em><u><a href="https://www.amazon.com/Shadow-Court-Rescuing-Democracy-Supreme/dp/0520434218/?tag=slatmaga-20" rel="noopener noreferrer" target="_blank">The Shadow Court: Rescuing Democracy from the Supreme Court</a></u>,</em> Fordham law professor Julie Suk argues that the court isn&#39;t just making some bad decisions—it&#39;s working exactly as designed. Drawing on constitutional courts in democracies around the world that rebuilt the rule of law after falling to fascism and authoritarianism, Suk outlines a bold institutional answer: a shadow court that would issue advisory opinions on the same issues the Supreme Court decides, giving lawmakers and the public a concrete alternative to judicial supremacy.</p><p>Dahlia and Julie also discuss how America’s legal and constitutional systems continue to fail women (also by design), from the stalled Equal Rights Amendment to Justice Alito&#39;s claim that women&#39;s reliance on <em>Roe</em> was merely &quot;abstract&quot;—and why the path to real change might run through state ratifying conventions, rather than state and federal institutions that have failed to reform themselves.</p><p>Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering longingly through the steamed-up windows of the Amicus Plus smokeless cigar bar—your finger hovering over that “subscribe to Slate Plus” button—now is the time to join. For a limited time (like, until Oct. 16), you can join Slate Plus for <strong>50 percent off</strong> and get bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on<a href="http://slate.com" rel="noopener noreferrer" target="_blank"> Slate.com</a>. Visit<a href="http://slate.com/hitparadeplus" rel="noopener noreferrer" target="_blank"> </a><u><a href="http://slate.com/amicusplus" rel="noopener noreferrer" target="_blank">slate.com/amicusplus</a></u> and use the promo code <strong>AMICUS50</strong> to receive the discount AND get access wherever you listen. Support what we do and help us <em>absolutely crush i