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.

Recent Work

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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.

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.

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

The case for disbarring Rudy Giuliani, other Trump lawyers—and even some lawmakers In the News

The case for disbarring Rudy Giuliani, other Trump lawyers—and even some lawmakers

Author Maggie Jo Buchanan makes the case for disbarring Rudy Giuliani, Donald Trump's lawyers, and lawmakers who were complicit in the former president's efforts to overturn the election, arguing that professional repercussions are necessary in order for the legal profession's codes of conduct to have any meaning.

Fortune

Maggie Jo Buchanan

The Need To Rebuild the DOJ Office for Access to Justice Article
The U.S. Department of Justice building is seen on a March 2019 evening with one light on, Washington, D.C. (Getty/Drew Angerer)

The Need To Rebuild the DOJ Office for Access to Justice

The Biden administration can immediately act to begin renewing the federal government’s work to reform civil and criminal justice systems.

Maggie Jo Buchanan, Maha Jweied, Karen A. Lash

The Facts on State and Local Elections Fact Sheet
Voters stand in line outside of a satellite polling station in Philadelphia, October 2020. (Getty/Mark Makela)

The Facts on State and Local Elections

State and local elected officials are the key to ensuring that significant reforms are made to the criminal justice system.

Akua Amaning

Why a very conservative Supreme Court will be bad for business In the News

Why a very conservative Supreme Court will be bad for business

Author Stephanie Wylie warns corporations that even if the Supreme Court allows them to operate with more freedom, it is in their best interests to develop a more stakeholder-centered mindset to business.

Fortune

Stephanie Wylie

Pipelines to Power: Encouraging Professional Diversity on the Federal Appellate Bench Report
 (A courthouse sits empty in the Jack Brooks Federal Building in Beaumont, Texas, November 2013.)

Pipelines to Power: Encouraging Professional Diversity on the Federal Appellate Bench

Policymakers can diversify the federal courts by confirming more lawyers from civil rights and public defender backgrounds to the bench as well as creating pipelines of young attorneys from a range of professions for future judgeships.

Maggie Jo Buchanan

The Supreme Court’s Failed Response to the Coronavirus Pandemic Article
A man wearing a face mask walks in front of the U.S. Supreme Court in Washington, D.C., on May 4, 2020—the first day of oral arguments held by telephone in the court's history. (Getty/Saul Loeb)

The Supreme Court’s Failed Response to the Coronavirus Pandemic

The Supreme Court’s response to the coronavirus pandemic lacked organization and transparency, and it must be better prepared for the future.

Stephanie Wylie

The Need for Supreme Court Term Limits Report

The Need for Supreme Court Term Limits

It is essential to update the rules governing the Supreme Court to better reflect modern life.

Maggie Jo Buchanan

Reproductive Rights at the Supreme Court Video

Reproductive Rights at the Supreme Court

The Supreme Court's decisions this term on reproductive health are a reminder of the need for proactive policies that protect reproductive rights.

Kurt Mueller, Jamille Fields Allsbrook, Nora Ellmann, 2 More Juli Adhikari, Maggie Jo Buchanan

The Trump Administration Must Immediately Resume Processing New DACA Applications Article
People hold signs during a rally in support of the U.S. Supreme Court's ruling in favor of Deferred Action for Childhood Arrivals, in San Diego, June 18, 2020. (Getty/Sandy Huffaker)

The Trump Administration Must Immediately Resume Processing New DACA Applications

As the Supreme Court’s decision goes into effect, the Trump administration must now allow 300,000 young people to file new applications for DACA, including 55,500 of the youngest DACA-eligible individuals who did not previously have the chance to apply.

Nicole Svajlenka, Tom Jawetz, Philip E. Wolgin

The Startling Lack of Professional Diversity Among Federal Judges Article
The Thurgood Marshall United States Courthouse hears cases from the U.S. Court of Appeals for the 2nd Circuit in New York City, January 2019. (Getty/Drew Angerer)

The Startling Lack of Professional Diversity Among Federal Judges

Policymakers must prioritize placing public defenders, civil rights attorneys, workers’ rights attorneys, and legal aid attorneys on the federal courts.

Maggie Jo Buchanan

The Pressing Need To Support Courts During the Coronavirus Crisis Article
Spring flowers bloom in front of the U.S. Supreme Court in Washington, D.C., following the announcement that it would be delaying oral arguments scheduled for April. (Getty/Alex Wong)

The Pressing Need To Support Courts During the Coronavirus Crisis

It is imperative that the Trump administration work with Congress to ensure that court systems across the country continue to function in the face of the ongoing pandemic.

Maggie Jo Buchanan

Trump and McConnell’s Political Judges in Wake of Impeachment Article
President Donald Trump shakes hands with Sen. Mitch McConnell during a November 2019 event about judicial confirmations at the White House, Washington, D.C. (Getty/Drew Angerer)

Trump and McConnell’s Political Judges in Wake of Impeachment

Post-impeachment, President Trump and his Senate allies continue to corrupt American democracy by supporting ideological extremists who are opposed to core voting rights.

Maggie Jo Buchanan

Chief Justice Roberts and the Legitimacy of the Judiciary Article
President Donald Trump shakes hands with Chief Justice John Roberts before the State of the Union address, February 2020. (Getty/Leah Millis-Pool)

Chief Justice Roberts and the Legitimacy of the Judiciary

As the Trump administration ramps up its attacks on the judiciary, this year’s Supreme Court docket has the potential to define the legacy of the Roberts court.

Maggie Jo Buchanan

Trump’s Politicization of the Justice System Article
President Donald Trump and U.S. Attorney General William Barr U.S. Capitol in Washington, May 2019. (Getty/Brendan Smialowski/AFP)

Trump’s Politicization of the Justice System

Donald Trump’s attacks on the legitimacy of America’s legal system are growing increasingly dangerous and brazen.

Maggie Jo Buchanan

June Medical Services v. Russo Report
Hundreds of people line up outside of the U.S. Supreme Court building for a chance to attend arguments at the start of the court's new term, October 7, 2019, in Washington, D.C. (Hundreds wait in line outside of Supreme Court.)

June Medical Services v. Russo

Meaningful access to abortion care, as well as the ability to enforce abortion and other civil and human rights in court, are at stake in the upcoming Supreme Court case.

Jamille Fields Allsbrook, Nora Ellmann

5 Principles for Civil Justice Reform Article
A grandmother arrives with her grandchild at a friend's home in Atlantic City, New Jersey, August 2015. (Getty/John Moore)

5 Principles for Civil Justice Reform

Civil justice reform requires an all-of-government approach.

Danielle Root, Maggie Jo Buchanan

Transforming the Culture of Power Report
 (Protesters against U.S. Supreme Court nominee Brett Kavanaugh demonstrate at the U.S. Supreme Court in Washington, D.C., on October 6, 2018.)

Transforming the Culture of Power

Dismantling the culture of power that sustains and fuels gender-based violence requires a comprehensive, national strategy that connects meaningful policy solutions across the diverse issues affecting survivors and communities.

Jocelyn Frye, Shilpa Phadke, Robin Bleiweis, 6 More Maggie Jo Buchanan, Danielle Corley, Osub Ahmed, Rebecca Cokley, Laura E. Durso, Chelsea Parsons

Building a More Inclusive Federal Judiciary Report
The Contemplation of Justice statue stands in front of the U.S. Supreme Court in Washington, D.C.

Building a More Inclusive Federal Judiciary

The federal judiciary does not reflect the population that it serves, which has severe consequences for both the institution’s legitimacy and the parties who come before it.

Danielle Root, Jake Faleschini, Grace Oyenubi

Brett Kavanaugh: A Representation of the Damaged U.S. Judiciary Article
President Donald Trump shakes hands with Supreme Court Justice Brett Kavanaugh at the U.S. Capitol in Washington, February 2019. (Getty/Mandel Ngan)

Brett Kavanaugh: A Representation of the Damaged U.S. Judiciary

Kavanaugh’s appointment to the nation’s highest bench is a direct result of the increasingly ideological nature of the courts and ethical loopholes that benefit federal judges.

Maggie Jo Buchanan, Abbey Meller

Ari Berman: A Green Light to Gerrymander Podcast
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Ari Berman: A Green Light to Gerrymander

Daniella and Ed chat with Mother Jones Senior Reporter Ari Berman this week about gerrymandering, the 2020 census, and the state of voting rights in the United States.

Daniella Gibbs Léger, Ed Chung, Kyle Epstein, 1 More Chris Ford

Structural Reforms to the Federal Judiciary Report
Light reflects off the U.S. Supreme Court building in Washington, D.C., February 2016. (Getty/Mark Wilson)

Structural Reforms to the Federal Judiciary

The federal judiciary has hit a crisis point that requires changes to how the courts operate and how cases are brought before them.

Danielle Root, Sam Berger

Conservative Court Packing Article
The Supreme Court. (Getty)

Conservative Court Packing

Court packing isn’t a theoretical idea—it’s happening right now.

Sam Berger

13 Troubling Judicial Nominees You Missed This Year Report

13 Troubling Judicial Nominees You Missed This Year

These 13 nominees may have stayed under the radar, but they are poised to shape the U.S. judiciary branch for decades to come.

Tony Hanna, Abbey Meller

Big Business’s Bonanza Week in the Supreme Court Article
A flag adorned with corporate logos and fake money flies in front of the U.S. Supreme Court in Washington, D.C., October 2013. (Getty/Drew Angerer)

Big Business’s Bonanza Week in the Supreme Court

The new 5-4 conservative majority is likely to rule against the legal rights of workers and consumers.

Devon Schmidt, Jake Faleschini

Advancing #MeToo in a Post-Kavanaugh Confirmation World Article
Two women hold hands as demonstrators protest Supreme Court nominee Brett Kavanaugh near the U.S. Capitol on October 4, 2018, in Washington, D.C. (Getty/AFP/Jim Watson)

Advancing #MeToo in a Post-Kavanaugh Confirmation World

The dismissive attitude toward sexual assault allegations displayed during the Kavanaugh hearings is a stark reminder that, even during a time of heightened awareness, survivors still face an uphill fight for fairness.

Jocelyn Frye

Sexual Harassment in the Judiciary Article
An ominous cloud hovers over the U.S. Supreme Court in Washington, D.C., September 2017. (Getty/Drew Angerer)

Sexual Harassment in the Judiciary

As President Trump’s judicial nominees are being rubber-stamped at a record pace, the scourge of sexual harassment in the judiciary will only worsen if left unchecked.

Abbey Meller, Joy Bagwell

Kavanaugh’s Credibility Chasm Article
U.S. President Donald Trump introduces U.S. Circuit Judge Brett M. Kavanaugh  as his nominee to the U.S. Supreme Court. (Getty/Mark Wilson)

Kavanaugh’s Credibility Chasm

Trump’s nominee has lied, made misleading statements, and deceived the public in service of his career.

Jake Faleschini, Jesse Lee

BONUS EPISODE: Jeffrey Toobin on Brett Kavanaugh’s #MeToo Moment Podcast
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BONUS EPISODE: Jeffrey Toobin on Brett Kavanaugh’s #MeToo Moment

This week, Daniella and Ed speak with CNN's Chief Legal Analyst Jeffrey Toobin about the new sexual assault allegations against Supreme Court nominee Brett Kavanaugh, Paul Manafort's plea deal, and the extraordinary life of Ruth Bader Ginsburg.

Daniella Gibbs Léger, Ed Chung, Rachel Rosen, 1 More Kyle Epstein

Jason Kander Goes Outside the Wire Podcast
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Jason Kander Goes Outside the Wire

Hosts Daniella and Ed chat with Jason Kander, founder of the voting rights advocacy group Let America Vote, about his new book and the Nike ad campaign featuring Colin Kaepernick.

Daniella Gibbs Léger, Ed Chung, Kyle Epstein

Kavanaugh’s Hero Worship Threatens Women’s Equal Rights Report
Demonstrators march through Los Angeles streets during the Unite for Justice rally in protest of Judge Brett Kavanaugh's confirmation to the U.S. Supreme Court, August 26, 2018. (Getty/AFP/Mark Ralston)

Kavanaugh’s Hero Worship Threatens Women’s Equal Rights

Brett Kavanaugh’s embrace of Rehnquist’s hard-line views suggests a dangerous opposition to constitutional protections against sex discrimination across the board.

Maggie Jo Buchanan, Jocelyn Frye

Gaps in the Debate About Asian Americans and Affirmative Action at Harvard Article
Students attend Harvard University's 2018 367th Commencement at the university in Cambridge, Massachusetts, on May 24, 2018. (Getty/Paul Marotta)

Gaps in the Debate About Asian Americans and Affirmative Action at Harvard

Race-conscious admissions policies benefit all students of color, including Asian Americans, and higher education institutions must use these practices—along with other considerations—to better ensure diversity and equity on their campuses.

Sylvia Guan

The New Supreme Court Vacancy Could Put the Affordable Care Act at Risk Article
The U.S. Supreme Court is reflected in a puddle, June 27, 2018. (Getty/Zach Gibson)

The New Supreme Court Vacancy Could Put the Affordable Care Act at Risk

If a Texas lawsuit against the ACA reaches the Supreme Court, Justice Anthony Kennedy’s replacement could rule on the future of health care for millions of Americans.

Thomas Huelskoetter

Obstructing Justice Through Pardons Is an Impeachable Offense Article
U.S. President Donald Trump in the Cabinet Room of the White House in Washington, D.C., on June 20, 2018. (Getty/Win McNamee)

Obstructing Justice Through Pardons Is an Impeachable Offense

Members of Congress, the Supreme Court, and the Founding Fathers have said that abusing the pardon power can be grounds for impeachment.

Sam Berger

Why Courts Matter in the Trump Era Video

Why Courts Matter in the Trump Era

The importance of the federal court system becomes increasingly apparent as the Trump administration attacks fundamental American values and protections.

Jake Faleschini, Meghan Miller, Jasmine Hardy

Advancing RBG’s Vision of Equality in the Trump Age Article
Justice Ruth Bader Ginsburg speaks at an annual Women's History Month reception hosted by Rep. Nancy Pelosi (D-CA) on Capitol Hill in Washington, D.C., March 2015. (Getty/Allison Shelley)

Advancing RBG’s Vision of Equality in the Trump Age

Millennials are poised to use the lessons inherent in RBG’s legacy to not only resist recent attacks on gender equality, but also drive progressive change forward.

Maggie Jo Buchanan

RBG Podcast
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RBG

Michele sits down with three guests and discusses cases that are currently on the docket and their potential repercussions for progressive values, as well as "RBG," a new film about the influential justice's life.

Michele L. Jawando, Sally Tucker, Rachel Rosen

The Pennsylvania District Shaped Like Goofy Kicking Donald Duck Podcast
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The Pennsylvania District Shaped Like Goofy Kicking Donald Duck

Igor speaks with his guests about Pennsylvania's gerrymandered congressional map and the harmful effects on communities of color.

Igor Volsky, Sally Tucker, Rachel Rosen

Religious Liberty for a Select Few Report
President Donald Trump signed an executive order on

Religious Liberty for a Select Few

Attorney General Jeff Sessions’ guidance is already empowering appointees throughout the administration to attack the equality and legal protections of LGBTQ people, women, and religious minorities.

Sharita Gruberg, Frank J. Bewkes, Elizabeth Platt, 2 More Katherine Franke, Claire Markham

The Anti-Choice Movement’s Continued Pursuit of Politicized Medicine Report

The Anti-Choice Movement’s Continued Pursuit of Politicized Medicine

Through its support for fake women's health centers in NIFLA v. Becerra, the anti-choice movement again demonstrates its willingness to manipulate women's right to make informed decisions about their reproductive health.

Maggie Jo Buchanan, Osub Ahmed, Anusha Ravi

How Masterpiece Cakeshop Can Undermine Civil Rights Video

How Masterpiece Cakeshop Can Undermine Civil Rights

The U.S. Supreme Court could undermine civil rights for the LGBTQ community in Masterpiece Cakeshop.

Jasmine Hardy, Claire Markham, Jake Faleschini, 1 More Laura E. Durso

Stuffing the Courts Podcast
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Stuffing the Courts

This week, Michele and Igor sit down with three guests to discuss President Trump's aggressive strategy of filling federal and lower courts with predominantly white male judges.

Michele L. Jawando, Igor Volsky, Sally Tucker, 1 More Rachel Rosen

North Carolina’s Attacks on the Courts Lead to Fewer Judges of Color Report

North Carolina’s Attacks on the Courts Lead to Fewer Judges of Color

African American judges have been caught in the crossfire of the North Carolina legislature’s war on the judiciary.

Billy Corriher, Michele L. Jawando, Lukasz Grabowski