Changing the Supreme Court.

[flamin lib]

It's pretty simple if one party has both houses of congress.

ARTICLE III
SECTION 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Should the SCOTUS be changed? In what way?

I say yes it should be made larger with up to 15 justices. There are two benefits to this; it dilutes any one administration from unduly influencing the political leaning of the court. How many justices will retire in any 8 years and be replaced with ideologs? Three or possibly four so only a minority of the court could be replaced by any one political leaning administration thus insuring stability in the court's judicial outlook. It's not likely that a future congress would enlarge the court farther as there would be advantage gained.

Another advantage of a larger court is the ability to hear more cases. Set up three five judge panels, each by anonymous drawing, to hear cases. In the event of a controversial 3/2 ruling the case could be re-heard en banc or by a larger panel of nine justices.

I see no downside to this restructuring with or without the panels. If anyone sees it differently please weigh in.

[OLDMDDEM]

1. I wholeheartedly agree

13 or 15 justices. If the repugs can cheat their way to getting people on the court, then we need to show them how to do it legitimately.

[NorthOf270]

2. I read there were 13 appellate courts

So 13 justices sounds good.

[Bettie]

3. I agree, though I'd go with 21 justices

so that there can be three panels of seven hearing cases at any time.

[Bev54]

4. I disagree with the 5 per hearing

The purpose of adding to the court is to restore the court's partisan lean by putting more actual qualified judges on. If you end up with 5 of the current republican appointed judges it could negate that restoration and people would yell holy hell. Increase the court and let them all hear the cases. What the congress can also do is to legislate the types of cases they will hear and not hear. That to me would make more sense.

[flamin lib]

7. You make an excellent point re drawing the five ideologs

for a single panel. The odds of that happening in a random drawing from the 15 justice pool is remote but it could happen.

[FBaggins]

5. Can't change the structure of the court

You can change the number, but there's no way to set up panels the way Congress did with the Evarts Act for lower appellate courts.

[flamin lib]

6. I'm not convinced that's true.

I'd like to hear your case. Not saying you're incorrect and I'm not steeped in precedent so any education you can offer is appreciated.

That's why we launch into these theoretical musings.