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Fri Jun 24, 2022, 01:20 PM

Four ways to expand the US Supreme Court...

Excerpted from the Harvard Law & Policy Review:

The first and most straightforward approach to expanding the Court is adding two, four, or six new justices to the Court. This suggestion has been advanced by Professor Michael Klarman of Harvard Law School, among others...

The second option is to reconstitute the Supreme Court in the image of a federal court of appeals. This course of action would increase the number of justices to fifteen or a similar number. Panels of justices would be drawn from this larger group, with an option of en banc review. This plan would not only dislodge the Court’s current reactionary majority, but the panel format also would allow a greater number of cases to be heard.

Third is the Supreme Court Lottery, a more aggressive version of the panel strategy. Daniel Epps and Ganesh Sitaraman outlined this proposal in a Yale Law Journal piece. All federal appellate court judges, roughly 180 in total, would become associate justices on the Supreme Court. Panels of nine justices would be randomly selected from this pool. Importantly, decisions on whether to grant certiorari on a given case would be made by panel members who would not know the ideological makeup of the panel that would hear the case. This plan would frustrate partisan maneuvering.

Fourth and finally is Epps and Sitaraman’s idea for a “Balanced Bench.” The Court would have ten justices, with five seats allocated to each of the two major parties. Those ten justices would select sets of five additional justices at a time to serve a future, non-renewable one-year term. That selection would operate on a requirement of near-unanimity to ensure that this final set of five justices would be relatively even-handed. This proposal aims to counteract the effects of partisanship on the Court by explicitly recognizing and institutionalizing partisanship presence.


[link:https://harvardlpr.com/2019/05/06/the-supreme-court-has-been-expanded-many-times-before-here-are-four-ways-to-do-it-today/|]

From the Yale Law Journal:

How to Save the Supreme Court
[link:https://bit.ly/3NfeveR|]

Supreme Court as Superweapon
[link:https://www.yalelawjournal.org/forum/supreme-court-as-superweapon|]

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Reply Four ways to expand the US Supreme Court... (Original post)
ultralite001 Jun 2022 OP
uponit7771 Jun 2022 #1
BSdetect Jun 2022 #2
NYC Liberal Jun 2022 #4
leftieNanner Jun 2022 #5
NYC Liberal Jun 2022 #9
leftieNanner Jun 2022 #10
ultralite001 Jun 2022 #12
Meadowoak Jun 2022 #3
JustABozoOnThisBus Jun 2022 #7
Meadowoak Jun 2022 #15
JustABozoOnThisBus Jun 2022 #17
ForgedCrank Jun 2022 #6
Midnight Writer Jun 2022 #8
Meadowoak Jun 2022 #16
The Grand Illuminist Jun 2022 #11
ultralite001 Jun 2022 #13
The Grand Illuminist Jun 2022 #14

Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:21 PM

1. K&R, ... and each one of the is going to be done if GZP gets control of Congress and WH

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Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:23 PM

2. What odds do any of these ideas have?

What would the process be to make any such changes?

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Response to BSdetect (Reply #2)

Fri Jun 24, 2022, 01:25 PM

4. Majority of House and Senate, signed by the president.

i.e., regular legislation.

The structure of the court isn't defined at all by the Constitution. It's entirely up to Congress how it works.

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Response to NYC Liberal (Reply #4)

Fri Jun 24, 2022, 01:26 PM

5. And the Filibuster? nt

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Response to leftieNanner (Reply #5)

Fri Jun 24, 2022, 01:36 PM

9. Obviously there's that. I was just answering the question of the process.

I assumed they were asking if it could be a regular law, needed a constitutional amendment, etc.

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Response to NYC Liberal (Reply #9)

Fri Jun 24, 2022, 01:39 PM

10. Ah. I understand your point.

Another reason we need to keep BOTH houses of Congress this fall.

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Response to NYC Liberal (Reply #4)

Fri Jun 24, 2022, 01:47 PM

12. Therein lies the rub...

That is all...

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Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:24 PM

3. Add 6 liberals.

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Response to Meadowoak (Reply #3)

Fri Jun 24, 2022, 01:28 PM

7. Easy to say, hard to do, with only 48 reliable senate votes. nt

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Response to JustABozoOnThisBus (Reply #7)

Fri Jun 24, 2022, 02:07 PM

15. Maybe after November, we will have more.

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Response to Meadowoak (Reply #15)

Fri Jun 24, 2022, 03:20 PM

17. From your keyboard to Dog's motherboard. nt

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Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:28 PM

6. This is the sort

of thinking that got us into the mess to begin with. We relied on a shaky court decision to uphold a personal right.
This always ends badly. Why do we keep promoting this sort of thing? When will we learn?

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Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:31 PM

8. The more Judges on the Supreme Court, the better.

It is insane that one or two appointments can change the course of the entire nation.

Why can't there be 100 Judges, diluting the impact that a few radical appointments can have on the Courts?

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Response to Midnight Writer (Reply #8)

Fri Jun 24, 2022, 02:09 PM

16. +1

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Response to ultralite001 (Original post)

Fri Jun 24, 2022, 01:45 PM

11. Actually 5

You forgot Convention of the States, which we desperately need.

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Response to ultralite001 (Reply #13)

Fri Jun 24, 2022, 02:00 PM

14. Maybe not after this.

People have got to pressure their state government reps. If there is a good time, now would be it. Especially in blue states.

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