Top Supreme Court Litigator Defends Against ‘Dangerous’ Attacks

A top Supreme Court litigator broke his silence earlier this week in a rare defense of the US Supreme Court, calling attacks on its legitimacy “affirmatively dangerous” and “unusually toxic rhetoric.”

Paul Weiss partner Kannon Shanmugam said recent criticisms of the court are not only “unfounded” but also undermine “public confidence in the Court and imperiling the rule of law” at a Sept. 16 Federalist Society event at Duke Law School.

The high court, and particularly its conservative majority, have come under increasing scrutiny following the overturning of longtime precedents like abortion and affirmative action and reports of alleged ethics lapses.

In July, Justice Samuel Alito took the unusual step of speaking to the Wall Street Journal about those attacks, saying he could not longer be “mute” as the Supreme Court bar has failed to defend the justices.

Shanmugam, who has argued 38 cases at the high court, has seemingly heeded that call.

“I believe that those of us who practice regularly before the Court, and who thus have a unique familiarity with the Court and its work, should speak up when we believe the Court is being unfairly attacked,” he said.

Violence and Harassment

Shanmugam identified himself as a “lifelong political conservative” and “proud member of the Federalist Society,” a preeminent conservative legal organization.

He acknowledged that he’s been “reluctant” to speak about the Supreme Court in the past. “As a lawyer, my job is to play in the game; I leave the task of color commentary to others.”

But recent “dispiriting” attacks on the court’s legitimacy led him to “break that habit.”

Shanmugam said the tenor of recent criticisms contributed “to the threat of violence against judges in general” and “a broader culture of harassment.” He pointed to the proliferation of protests in front of the justices homes and threats against the justices themselves.

And he warned that calling into question the court’s legitimacy could backfire on liberals, which are a minority on the court. “Once confidence in the Court is destroyed, however, it will not be easily regained. Today’s critics may rue tomorrow’s consequences.”

The Wall Street Journal’s opinion page praised Shanmugam for “taking a personal risk in public defending the Court, because its enemies could soon make him a target as well.”

Journalist Jay Willis, who is often critical of the court and the justices, wrote Wednesday on X, “Nothing to see here, just a BigLaw partner with an active Supreme Court practice tipping off the WSJ about his bootlicking law school speech defending the Court’s honor so that Sam Alito can look more favorably upon him next time he argues a case.”