Julie Suk proposes a shadow court to curb Supreme Court power and protect women's rights

Julie Suk, a Fordham law professor, claims the Supreme Court’s current trajectory is not a series of isolated errors but a systemic design that erodes democratic norms. To counter this, she proposes creating a shadow court that would produce advisory opinions on issues the high court decides, providing a concrete counterweight to judicial supremacy. Suk cites constitutional courts in nations that restored the rule of law after fascist or authoritarian rule as models.

The discussion also highlights how the U.S. legal framework continues to disadvantage women, referencing the stalled Equal Rights Amendment and Justice Alito’s claim that reliance on Roe v. Wade was merely “abstract.” Suk suggests that state ratifying conventions might be a more viable path for change than existing federal mechanisms.