Julie C. Suki, Leonard F. Manning Professor of Law at Fordham University in her new book The Shadow Court offers a novel approach to the U.S. Supreme Court’s current monopoly on constitutional interpretation. Prof. Suk suggests Congress create an additional constitutional court, what she calls a Shadow Court, that would rule on contested constitutional questions in the abstract separately from the current Court’s rulings in concrete cases. Her core insight is that the Constitution gives Congress great latitude in structuring the federal courts. But to see the details on how this would work in practice, we’ll have to read the book.




