Now, public opinion and informed opinion has caught up with his insights.
It turns out, lo and behold, the Supreme Court, despite the attempts at illusion with the black robes, is nothing more than one more political institution, no more rational than Congress or the executive, and just as captive to political philosophy. The strip search case brought this into bold relief, as did the clarifying experience of listening to the justices pick apart the Obamacare law, and play with it like so many ill bred adolescents, picking at and playing with their food.
It was clear, from a reading of the Constitution, which is, after all a short document, the only description of the Supreme Court is brief and vague. No number of justices is specified and no mechanism for removing justices is specified.Now, a professor of law at Duke, writing in the NY Times observes the Court has had various numbers of judges, from 7 in 1789 (a number set by Congress) to fewer in 1800 to 10 during the Civil War, a number determined by Congress which was worried the Court would sympathize with the Confederacy.
The idea of lifetime terms derived from the experience of the English king removing judges whenever he disagreed with their opinions. But the Constitution says only the justices can be serve as long as they display "good behavior."
A group of law school professors suggest a new law which would allow every President to appoint a new justice to the Court, every two year of his presidency, so by the end of his four years, he's appointed 2 justices. If he serves 8 years, he appoints 4. But only the 9 most recently appointed justices get to vote on cases. The other justices would meet with the newer justices to decide which cases get heard in the first place.
That would work for me. I'd like it even better if he got to appoint one a year.
It would mean if you win the election, you get a court, gradually, which agrees with your philosophy and politics, but the court would change with the changing political environment in the country.
Now, all we have to do is to get President Obama re elected with a large enough majority in House and Senate to pass this thing.
Dress them up, they still look creepy. Black robes just make them look even more Darth Vader.
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