The Proposed National Court of Appeals: A Threat to the Supreme Court

Westen, Peter

Journal: Law Quadrangle (formerly Law Quad Notes)

Volume: 17

Year: 1973

Bluebook Citation: 17 L. QUAD. (1973)

Author: Peter Kay Westen: all 29 publications


Abstract

The recent proposal for a National Court of Appeals shows that the Supreme Court is again under attack and that this time even more is at stake than decisions over who will sit on the Court. Unlike the fights over President Roosevelt's court-packing plan and over Fortas, Haynsworth, and Carswell, which were waged by opponents of the Court who thought they could change it by picking new players, the present attack comes from men who profess to support the Court, yet who are striking at its very rules and authority.

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