Reminder that getting control of the house and senate could make stuff like this potentially get through
This proposal is not only one that expands the number of justices over time but alter things like the court’s shadow docket, require justices to release tax returns, and more
Eliminate the fixed size of the court entirely. We don’t need to define 9 or 15 people.
Every presidential term, the president appoints two new candidates, 9-15 months after the presidential election, and 9-15 months after the midterms. We do not fill any vacated seats.
That resolves the problems with multiple seats unexpectedly swinging on a small court, and limits the effects a single president can have on the court. Yes, the numerical swings can be as large, but the percentage swings will not be; the court will likely fluctuate between 15-20 justices.
Now to fix the Senate playing games…
First, we establish a line of succession with the circuit courts. The chief judges of the circuits, in line of seniority, then every other active judge. Every case before SCOTUS requires at least 6 justices to hear the case. If the court falls below 6, the next judge in line is automatically elevated to the court. If the court is larger than 6, but due to recusals or abstentions, fewer than 6 are able to hear the case, the next judges in line are automatically, but temporarily elevated to hear that case. Only when we have exhausted all judges from the district courts does the president get additional, temporary appointments.
Any appointment to the circuit court requires senate confirmation. After we enact this, any judge confirmed to a district court could (eventually) find themselves on the court. Their confirmation thus includes the (remote) possibility that they will be elevated to the court. So any circuit court appointment after this goes into effect also serves as a SCOTUS confirmation.
When it comes time for the president to appoint a candidate to SCOTUS, anyone who has previously been confirmed to the line of succession can be immediately elevated to the court, without needing additional confirmation.
Where the president and Senate are sympatico, the president can choose anyone they want. When they are at odds, the president still has a list of pre-approved candidates the Senate can’t block.
I think it would even be better to allow the president to appoint two new justices and the two most senior judges have to step down. It would make the turn over high enough that we don’t end up with corrupt trash like we have now for decades. Not until death the way it is now.
What happens when three justices retire in one term, or the senior justice dies right before being forced out? Do we still force out two more justices? We obviously can’t shrink the court each time, so either we don’t force a justice out when we normally should, or we give the president an extra appointment. Neither seems like a good option.
I’m pretty sure a situation like that could be easily remedied. After all what would happen if three of them dropped dead right now. The president would nominate three new ones. As far as options go it sounds great. My suggestion would work better than any other solution out there and guarantee a slow but steady turn over in the court.
That would require a Constitutional amendment. That’s where the justices’ term length is defined.
And, like term limits, it would have no effect on corruption, though it would reduce institutional knowledge retention. More power to the Heritage Society? That’s how you get it.
Why don’t we just take away their exclusive right to interpret the constitution. They can interpret laws but they have no claim to be the sole proprietors of the document that all branches have a stake in.
That would require a constitutional amendment, and with a change that radical, it would pretty much require a new constitution.
It wouldn’t. They gained that power by saying they have it, but it isn’t specifically granted. We just continue to assume they’re correct, and that they’re the ones who get to decide if they’re correct, but we don’t have to.
Judicial Review is the term to look for if you want to learn more.
Why? No where in the constitution does it say the Supreme Court has exclusive rights to interpret the constitution.
why don’t we just appoint 6,000 life term judges? and then make every single person in America a senator on rotation, and select a president at random. and then ask Chad GPT how to solve the problem in Ukraine
