The future of the Supreme Court

Justice Brett Kavanaugh settled into the Supreme Court quickly, meeting with his law clerks and preparing to hear arguments. The new justice will be a conservative addition to the Supreme Court after a contentious confirmation process. Some are concerned that the process to get him there has politicized the nation's highest court.

Two guests spoke with host Kerri Miller on Tuesday, Oct. 9 about how the Supreme Court can stay above the political fray. Jason Zegerle is a contributor to the New York Times Magazine and other publications. Thomas Berg is a law professor at the University of St. Thomas.

"In the end, it matters what the Court does," Berg said.

In the past, the Supreme Court managed to make decisions that reflect a willingness to hear claims on both sides and issue a decision that people accept "even when people disagree with its decisions."

Zengerle added that taking the politics out of the Supreme Court is nearly impossible and that's apparent now more than ever.

"I think the Court has been through periods in its past when members of various political parties have questioned its legitimacy and (I) think we're about to enter another period like that," said Zengerle.

The Supreme Court holding as much power as it does makes it an obvious political target, Berg said.

"There's almost inevitably going to be a desire to have some political control over the constitution," he said.

Suggested reading: How the Trump Administration Is Remaking the Courts

Guests: Thomas Breg, a law professor at the University of St. Thomas.

Jason Zengerle, contributor to GQ Magazine and the New York Times Magazine.

Use the audio player above to listen to the entire conversation.