Post by hatoflords on Oct 27, 2020 21:52:18 GMT -5
Someone woke up one day and decided they wanted to be a stereotype when they grew up.
Anyway. Interesting thought I saw floating around:
With a 6-3 majority, the GOF has no interest in any form of Supreme Court reform. It could be possible to force it however by initiating the following cycle: Democrats expand the court and add their own justices. Republicans inevitably to the same. A back and forth potentially ensues. Supreme Court reform becomes undeniably necessary. Initiate the following changes;
-Lock the court at a size of 30-50 Justices.
-The courts docket of cases is set by the 5-9 senior most justices, who select which cases the Supreme Court will take.
-Junior justices then use a conventional docket system to form benches of 5-6 Justices. Each bench hears 1 case and rules on it. If they tie, their opinions are entered into the record and the case advances to another bench of 5-6, so on and so forth.
Advantages of this system:
-It becomes impossible for any political party to 'capture' the Court without winning back-to-back elections for decades straight, reintegrating an apolitical tone back into the Court and forcing reciprocity into the process of nominations.
-Individual justices no longer need to be bitter fights over forum shopping their potential decisions. With so many justices and rotating benches, it's impossible to know who will end up deciding what cases. The incentive shifts for shopping for ideologically convenient justice picks to justices that are more robust (which actually seems topical today with dear old Brett's utter baffler of a decision that would make Scalia's incoherence blush).
-The Court will never make decisions short a member and will be able to better hammer out legal disputes by having more time and justices to hear more cases.
Anyway. Interesting thought I saw floating around:
With a 6-3 majority, the GOF has no interest in any form of Supreme Court reform. It could be possible to force it however by initiating the following cycle: Democrats expand the court and add their own justices. Republicans inevitably to the same. A back and forth potentially ensues. Supreme Court reform becomes undeniably necessary. Initiate the following changes;
-Lock the court at a size of 30-50 Justices.
-The courts docket of cases is set by the 5-9 senior most justices, who select which cases the Supreme Court will take.
-Junior justices then use a conventional docket system to form benches of 5-6 Justices. Each bench hears 1 case and rules on it. If they tie, their opinions are entered into the record and the case advances to another bench of 5-6, so on and so forth.
Advantages of this system:
-It becomes impossible for any political party to 'capture' the Court without winning back-to-back elections for decades straight, reintegrating an apolitical tone back into the Court and forcing reciprocity into the process of nominations.
-Individual justices no longer need to be bitter fights over forum shopping their potential decisions. With so many justices and rotating benches, it's impossible to know who will end up deciding what cases. The incentive shifts for shopping for ideologically convenient justice picks to justices that are more robust (which actually seems topical today with dear old Brett's utter baffler of a decision that would make Scalia's incoherence blush).
-The Court will never make decisions short a member and will be able to better hammer out legal disputes by having more time and justices to hear more cases.