(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
Supreme Court reform, a sensible proposal. [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags']
Date: 2022-07-06
Justice Ketanji Brown Jackson being sworn in by Justice Breyer
There has been a lot of discussion over whether or not the Supreme Court should be reformed, expanded or both.
I think both should be done, and offer what I think would be a reasonable solution that would go a long way towards restoring the Court’s status as an institution, and would not be considered political Court stacking.
Initially it should be noted the Court is overworked, and cannot handled all the cases filed each year.
If 4 more Justices were added to the Court, they would be able to accept more cases, that alone would be a plus for justice. The Court would now consists of 13 Justices, and the so-called liberal/conservative sitting Justices more evenly spread over both Democratic and Republican administrations.
With respect to hearing and deciding individual case’s filed with the Court, I suggest that when a new case is filed, the court clerks randomly draw the names of 9 Justices from the 13 on the Court, and the case is assigned to these randomly selected Justices for argument and initial decision. At this stage the litigant would have no way of knowing when the case was originally filed, if he would get a liberal or conservative panel. Already, the process would appear more impartial. After, argument the 9 Justice panel would render a decision. If their decision was 9-0, 8-1, 7-2, 6-3 their decision would stand. However, if their decision was 5-4, then the case would be reheard by the full Court (13-Justices). They would schedule re-argument and issue a decision of the full 13 member Court. This would further enhance the belief in the impartiality of the Court.
This is similar to the procedure used in Federal Courts of Appeal, where 3 Judges are selected randomly to hear and decide the case, but a litigant has the right to request the entire Court to re-hear the case.
In addition, more Judges should be added to the Federal District and Courts of Appeal, they are also overworked.
Of course, 4 new Justices is not a magic number, we could add 6 or possibly 8 additional Justices, but use a similar procedure for deciding cases.
Whatever procedure is ultimately adopted, it is clear the Supreme Court must be reformed.
[END]
---
[1] Url:
https://www.dailykos.com/stories/2022/7/6/2108830/-Supreme-Court-reform-a-sensible-proposal
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
