The Fund supports networks of state health policy decision makers to help identify, inspire, and inform policy leaders.
A bipartisan group of state health policymakers from both the executive and legislative branches who are focused on improving population health.
Networks of state officials, advocates, and others aiming to invest in and transform primary care.
A program dedicated to advancing state-based efforts to make health care more affordable for residents, employers, and states.
The Milbank Memorial Fund supports two state leadership programs for legislative and executive branch state government officials committed to improving population health.
A leadership development program for early and mid-career state government officials who are committed to improving the health of all people in their communities.
A leadership program for senior state government officials who are committed to improving population health.
The Fund focuses on creating an affordable health care system built on strong primary care and partnerships that improve health outcomes for all.
Improving state leaders’ ability to enact and implement evidence-based health policies.
Advancing policies that create a more prevention- and primary care-oriented health system.
Improving population health through policies that contain health care cost growth.
Our state health policy resources offer relevant data analysis and best practices.
The Fund publishes reports, issues briefs, and case studies on state health policy issues.
Short takes on health policy issues from Milbank staff and guest authors.
Insights from Milbank President Debra Lubar on state health policymaking.
Reported articles and Q&As on timely health policy issues, as well as foundation updates.
Milbank Memorial Fund and Milbank Quarterly webinars featuring state health policymakers and researchers.
Updates and expert contact information for reporters.
The Milbank Memorial Fund is a private foundation that works to improve population health and health equity.
The Future of Population Health (Volume 101)
Quarterly Article
Lawrence O. Gostin
September 2024
September 2021
Back to The Milbank Quarterly
Policy Points:
Article III of the US Constitution establishes the federal courts as a coequal branch of government: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may…ordain and establish.” Standing alone among the branches of the federal government, judges “shall hold their Offices during good Behaviour,” meaning for life. As Alexander Hamilton put it in The Federalist No. 78, judicial independence “is the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws.”1 Of course, it is no secret that judges’ political ideologies do matter; judges do not just call balls and strikes, as Chief Justice Roberts said in his confirmation hearings.2 Yet, although the composition of federal courts has always been consequential, the current makeup marks a significant departure from history, which will have lasting repercussions across multiple domains, including public health and safety.
Examining past Supreme Courts helps to understand the magnitude of the recent ideological shift. The last time the Court held a conservative supermajority was in the early 1930s, to which President Roosevelt reacted by appointing strong liberal Justices to push his New Deal agenda.3 The Warren Court (1953-1969) is thought to be the most liberal in history; this Court expanded civil rights (e.g., ending dejure segregation and outlawing anti-miscegenation laws), civil liberties (e.g., establishing a right to privacy), and federal power.4 In the 1970s, the Court began to shift more conservative when President Nixon appointed Justices Burger, Rehnquist, Powell, and Blackmun and would eventually come to hold a conservative majority that would last for several decades.
1. Hamilton A. Federalist No. 78: the judiciary department. The Federalist Papers. J. & A. McLean; 1788. 2. Confirmation Hearing on the Nomination of John G. Roberts, Jr. to Be Chief Justice of the United States, Committee on Judiciary, 109th Cong, 1st Sess (2005). 3. Sparrow PM. FDR and the Supreme Court: a lasting legacy. National Archives: Franklin D. Roosevelt Presidential Library and Museum. February 23, 2016. Accessed February 21, 2023. https://fdr.blogs.archives.gov/2016/02/23/fdr-and-the-supreme-court-a-lasting-legacy/