I'd add humility: "In short, to see an improvement in the court’s legitimacy, we need a judicial majority dedicated to precedent, gradualism, freedom and reason — the values that made the court legitimate in the first place." Yeah, no—this ain't happening. www.bloomberg.com/graphics/202...
The legitimacy crisis is getting worse. But it’s not too late to revive faith in America’s highest court.
Noah Feldman is born anew every time he’s got a new piece to write, fundamentally misunderstanding what the Court is and applying fixes that are either half measures or fantasy (or both).
So many of his points already fall through. Like not only is their code weaker than for lower courts, they're already not enforcing it consistently (like explaining recusals). What naive optimism.