How To Resolve The Supreme Court Dilemma Open Thread
Okay, there is a vacancy on the Supreme Court. This vacancy is likely to be filled in the next month or so. The fact that this vacancy is likely to be filled is making a lot of people reach for their Pepto-Bismol.
So I wondered… how could we improve the system whereby we get justices? If there’s a Constitutional Amendment, what would it have to look like? If it’s a set of rules that the Senate adopts and can only get rid of with a supermajority, what would that look like?
And I came up with a set of rules that said “You have to assume that Trump gets re-elected… what rules would you institute then? Now assume that Biden gets elected. Are the rules in either case significantly different from each other?”
Here’s what Orin Kerr suggests:
The 28th Amendment to the U.S. Constitution.
(Just my proposal.) pic.twitter.com/REtfTGBWJE
— Orin Kerr (@OrinKerr) September 21, 2020
My suggestion also involves amending the Constitution. How I would have it done is like this:
50 justices, one per state. Justices are picked by the governor of the state and approved by the state legislature.
A lottery system picks which ones are on the bench for any given case.
You can’t be on the bench for a case that directly involves the state that picked you.
— Jaybird (@OG_Jaybird) September 21, 2020
(I didn’t have enough space but I don’t care about whether it’s fixed term or lifetime appointment. How I wanted it fixed was to remove the President from the process entirely. Oh, and the lottery would be to pick the 9 justices sitting on the bench.)
Now, the important question is “How would YOU fix it?”
Or, heck, talk about what you want. It’s an open thread.