The Supreme Court term starts the first Monday in October. It’s an annual reminder that the institution looms large over our governmental system. The Court is no longer coequal branch, but in many ways a super-legislature. Its members are unelected and serve for life. Some believe it has been captured by a faction of a faction. And its power only grows.

What will this term bring? What are the key cases that will be argued? What role will the Court play in deciding the outcomes and fairness of the 2026 election? And, do we need a shadow Supreme Court? 

POLITCO’s Josh Gerstein joins Michael Waldman on what to expect from the justices this term. The Brennan Center’s Alicia Bannon and Eliazar Chacha discuss reforms that would improve the Court. Finally, Fordham law professor and Brennan Fellow Julie Suk proposes some provocative ways to change how the Court operates. 

Check out the Substack exclusive with more from Julie Suk, and her new book: The Shadow Court: Rescuing Democracy from the Supreme Court.

Recorded on September 29, 2026. The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so that they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.


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