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Structural Reform and Governance

Courts and Legal Policy

The Courts and Legal Policy team works to advance reforms to make America’s legal system more accessible and just for ordinary people.

A courtroom in Ohio. (Getty/Carol M. Highsmith/Buyenlarge)

What We're Doing

Ensure America's judges reflect its diversity

Despite recent and historic gains, America’s federal judges remain overwhelmingly white and male, and the bench is stacked with those from corporate law backgrounds and former federal prosecutors. Appointing diverse nominees with diverse backgrounds is essential to strengthening the courts.

Modernize the federal bench at all levels

From significant expansion of the lower courts to instituting term limits for Supreme Court justices, it is critical to enact reforms that will ensure that the size of the judiciary and the makeup of the Supreme Court reflect the needs of the American people and the realities of modern life.

Advance access to justice for all people

Too often, justice in America’s courtrooms is only accessible to those with means and in power. The need to expand access to justice has only become more pressing as COVID-19 has exacerbated long-standing legal inequities. All people, regardless of income or status, deserve high-quality legal help.

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The Supreme Court Has Fully Embraced an Antidemocratic, Right-Wing Agenda Article
The U.S. Supreme Court.

The Supreme Court Has Fully Embraced an Antidemocratic, Right-Wing Agenda

The Supreme Court has taken off its mask this term by creating unconstitutional de facto immunity for future presidents who act illegally and by gutting the ability of public agencies and Congress to protect Americans from abuse by right-wing special interests.

Devon Ombres

The 5th Circuit Court of Appeals Is Spearheading a Judicial Power Grab Report
A demonstrator holds a sign in front of the U.S. Supreme Court building.

The 5th Circuit Court of Appeals Is Spearheading a Judicial Power Grab

The rogue 5th Circuit Court has helped undermine the separation of powers, established precedent, and principled legal reasoning to accomplish right-wing policy goals; the Supreme Court continuing to follow suit would strip power away from elected representatives and American voters.

Jeevna Sheth, Devon Ombres

Justices’ Trump Ballot Ruling May Spark Constitutional Crisis In the News

Justices’ Trump Ballot Ruling May Spark Constitutional Crisis

Devon Ombres explains why a Supreme Court majority opinion in Anderson v. Trump marks a grave overstep of the court’s authority that could spell a constitutional crisis for this and future elections.

Law360

Devon Ombres

The Relentless Effort To End Agencies’ Ability To Protect Americans Video

The Relentless Effort To End Agencies’ Ability To Protect Americans

In Relentless v. Department of Commerce, the Supreme Court is hearing a case that could hinder the ability of agencies to protect Americans in areas ranging from food and drug safety to safe workplaces, preventing air pollution, and administering Medicare.

Devon Ombres, Audrey Smith, Tymoni Correa-Buntley, 3 More Hai-Lam Phan, Toni Pandolfo, Matthew Gossage

Loper Bright and Relentless: Ending Judicial Deference To Cement Judicial Activism in the Courts Report
The U.S. Supreme Court reflected in a stanchion

Loper Bright and Relentless: Ending Judicial Deference To Cement Judicial Activism in the Courts

Next week, the U.S. Supreme Court will hear two cases that could limit the federal government’s ability to serve the American people, giving unelected judges free rein to implement their own partisan policy agendas and disregard scientific analysis, the opinions of policy experts, and the will of Congress.

Jeevna Sheth, Devon Ombres

How the Supreme Court Could Limit Government’s Ability To Serve Americans in All Areas of Life Fact Sheet
Photo shows a hand holding a small American flag, with the Supreme Court building against a cloudy sky in the background

How the Supreme Court Could Limit Government’s Ability To Serve Americans in All Areas of Life

If the Supreme Court overturns the 40-year-old Chevron doctrine, it could throw into chaos government’s ability to protect and serve the American people in areas ranging from workplace safety to Medicare administration to consumer protections, and much more.

Devon Ombres, Jeevna Sheth, Sydney Bryant

2023 CAP IDEAS Conference Past Event
CAP IDEAS Conference logo

2023 CAP IDEAS Conference

Join the Center for American Progress as we celebrate 20 years of innovative policy solutions and look boldly forward to a progressive future.

People Determine the Reach of the Supreme Court In the News

People Determine the Reach of the Supreme Court

Maggie Jo Buchanan argues that a year after the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, the American people have stepped up to protect abortion rights.

DC Journal

Maggie Jo Buchanan

Revelations About Justice Clarence Thomas Reinforce the Need for Justices to Be Bound by an Ethics Code Article
The Supreme Court of the United States.

Revelations About Justice Clarence Thomas Reinforce the Need for Justices to Be Bound by an Ethics Code

Media reports that Justice Clarence Thomas accepted lavish yacht trips and private jet rides without publicly disclosing them underscore the urgent need for Supreme Court justices to be bound by a binding code of ethics just like other federal judges and members of Congress.

Ben Olinsky, Maggie Jo Buchanan, William Roberts

Fixing Our Broken Courts Past Event

Fixing Our Broken Courts

Join CAP and the Brennan Center for Justice a discussion on opportunities for structural reform of the Supreme Court and the courts more generally.

The Supreme Court Must Continue To Provide Live Audio Broadcasts of Oral Arguments Article

The Supreme Court Must Continue To Provide Live Audio Broadcasts of Oral Arguments

The U.S. Supreme Court began offering remote, real-time audio broadcasts of its oral arguments during the COVID-19 pandemic, and it should continue to provide such access upon resuming normal operations.

Stephanie Wylie, Anushree Thekkedath, Clay Cortez, 1 More Erin Mahon

5 Facts About Judge Ketanji Brown Jackson Article
Judge Ketanji Brown Jackson

5 Facts About Judge Ketanji Brown Jackson

Judge Ketanji Brown Jackson’s exemplary background reflects the Biden administration’s commitment to nominating exceptional judges at every level.

Stephanie Wylie, Genna Cifelli

The Climate Needs a Balanced Judiciary Article
A smoky sunset is seen behind the Alameda County Superior Courthouse in Oakland, California, on September 14, 2020. (Getty/East Bay Times/Digital First Media/Jane Tyska)

The Climate Needs a Balanced Judiciary

As litigation continues over efforts to address climate change, it is critical that America’s federal courts include judges with professional expertise advancing climate protection policies.

Maggie Jo Buchanan

It Is Past Time for Congress To Expand the Lower Courts Article
A a statue of blind justice is seen outside the Albert V. Bryan U.S. Courthouse in Alexandria, Virginia, September 2016. (Getty/AFP/Brendan Smialowski)

It Is Past Time for Congress To Expand the Lower Courts

Congress must ensure the federal judiciary reflects the needs and diversity of the people it serves.

Maggie Jo Buchanan, Stephanie Wylie

Clean Slate Is Critical for a Healthy Democracy Article
Job seekers line up to enter a job fair at the Anaheim Convention Center in Anaheim, California, on June 19, 2013. (Getty/Digital First Media/Orange County Register/Paul Bersebach)

Clean Slate Is Critical for a Healthy Democracy

The automatic clearing of eligible criminal records can help to foster civic engagement and build a healthier democracy.

Maggie Jo Buchanan, Nick Jacobson

The Trump Administration’s Family Separation Policy Is Over Report
(Volunteers in Washington, D.C., place teddy bears along a cage as part of a demonstration meant to represent the children still separated from their families as a result of U.S. immigration policies, November 2020.)

The Trump Administration’s Family Separation Policy Is Over

Individual and collective accountability for the family separation policy is needed to hold individuals responsible, restore faith in government institutions, prevent further abuses, and provide appropriate redress.

Maggie Jo Buchanan, Philip E. Wolgin, Claudia Flores

‘Justice for All’ Requires Access to Justice Article
A U.S. citizen and her mother, a refugee from El Salvador protected under Temporary Protected Status (TPS), attend a legal clinic in Somerville, Massachusetts, January 2018. (Getty/Dina Rudick/The Boston Globe)

‘Justice for All’ Requires Access to Justice

The Biden administration can further advance its key priorities by restoring federal leadership on access to justice issues.

Maggie Jo Buchanan, Maha Jweied, Karen A. Lash

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